United States Ninth Circuit
US v. NAVIDAD-MARCOS, 03-10234
District court erred in applying a 16-level aggravated felony enhancement per U.S.S.G. section 2L1.2(b)(1)(A)(i); the abstract of judgment from defendant's prior conviction is insufficient to establish unequivocally that he was convicted of a "drug trafficking" offense for purposes of U.S.S.G. section 2L1.2.
Appellate Information
- Argued 04/13/2004
- Decided 05/05/2004
- Published 05/05/2004
Judges
- THOMAS, Circuit Judge:, Before: WALLACE, KOZINSKI, and THOMAS, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Michael Powell and Fredilyn Sison, Assistant Federal Public Defenders, Reno, NV, for the appellant.
- For Appellees:
- Brian Sullivan and Ronald C. Rachow, Assistant United States Attorneys, Reno, NV, for the appellee.