United States Ninth Circuit

The record does not rebut the presumption that the district judge acted vindictively by applying the two-level obstruction of justice enhancement on resentencing after considering, but rejecting, this enhancement at the original sentencing. No explanation was provided as to why the enhancement was appropriate on remand but had not been appropriate previously.

Appellate Information

• Argued 08/08/2003
• Decided 12/31/2003
• Published 12/31/2003

Judges

• Before NOONAN, TALLMAN, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Angela M. Krueger, Federal Defenders of San Diego, San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Steve Miller, Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.