United States Ninth Circuit

Defendant's sentence for alien smuggling is remanded where his sentence was enhanced under a mandatory-guideline regime based on facts not admitted by him nor proved to a jury beyond a reasonable doubt.

Appellate Information

• Decided 08/12/2005
• Published 08/12/2005

Judges

• BETTY B. FLETCHER, Circuit Judge., Before LAY,B. FLETCHER, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Paul J. Mattern, Phoenix, AZ, for the defendant-appellant., Joan G. Ruffennach, Assistant U.S. Attorney, Phoenix, AZ, for the plaintiff-appellee.