United States Ninth Circuit

Defendant successfully challenged a sentence enhancement for restraining a victim during the commission of an offense because the lower court failed to determine whether the defendant had a "sustained focus" constituting physical restraint. Court did not find Fourth Amendment violations, because the parolee defendant had signed a waiver.

Appellate Information

• Argued 12/08/2003
• Decided 06/21/2004
• Published 06/21/2004

Judges

• Before SCHROEDER, Chief Judge, and PREGERSON, KOZINSKI, O'SCANNLAIN, TROTT, KLEINFELD, TASHIMA, GRABER, W. FLETCHER, TALLMAN, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael J. McCabe, San Diego, CA, for the defendant-appellant., Carol C. Lam, U.S. Atty., Sherri Walker Hobson, Asst. U.S. Atty. (on brief), David P. Curnow, Asst. U.S. Atty. (oral argument and petition for rehearing), United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.