United States Ninth Circuit

The burden of establishing the constitutionality of prior convictions, in defendant's challenges to the use of prior convictions under the U.S.S.G., was improperly assigned to the government.

Appellate Information

• Decided 01/21/2003
• Published 01/21/2003

Judges

• Before BERZON, TALLMAN, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard E. Gordon, Assistant United States Attorney, Tucson, Arizona, on behalf of the plaintiff-appellant.


• For Appellees:
  
• Paul D. Bates, Tucson, Arizona, on behalf of the defendant-appellee.