United States Ninth Circuit

Imposition of an enhanced sentence for illegal reentry after prior convictions, under 8 U.S.C. section 1326, does not violate Apprendi; a motion for downward departure, based on the legitimacy of a prior state court conviction, constitutes an impermissible collateral attack.

Appellate Information

• Decided 07/15/2002
• Published 07/15/2002

Judges

• Before:  HAWKINS and SILVERMAN, Circuit Judges, and RESTANI, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Larry Kupers, Assistant Federal Public Defender, Oakland, CA, for the defendant-appellant., Candace Kelly, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.