United States Ninth Circuit

A prior conviction, for the unlawful use of a means of transportation under Arizona law, did not constitute a "theft offense" for purposes of an "aggravated felony" sentence enhancement under U.S.S.G. section 2L1.2(b)(1)(A); challenge to court's authority, to deviate from a sentencing range provided for in a plea agreement, was waived by the government.

Appellate Information

• Argued 02/13/2002
• Decided 07/08/2002
• Published 07/08/2002

Judges

• Before DAVID R. THOMPSON, W. FLETCHER, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christina Cabanillas, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellant.


• For Appellees:
  
• Brian I. Rademacher, Federal Public Defender, Tucson, AZ, Javier Chon-Lopez, Assistant Federal Public Defender, Tucson, AZ, for the defendant-appellee.