United States Ninth Circuit

Defendant's sentence for being an alien in the United States after deportation is vacated where, during sentencing, the district court misapplied the modified categorical approach under Taylor with regard to defendant's earlier Alford plea to a crime of violence.

Appellate Information

• Decided 01/19/2006
• Published 01/19/2006

Judges

• BYBEE, Circuit Judge:, Before: HANSEN,W. FLETCHER, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• K. Jill Bolton and James A. McDevitt, United States Attorney's Office, Yakima, WA, for the plaintiff-appellant.


• For Appellees:
  
• Alex B. Hernandez, III, Federal Defenders of Eastern Washington and Idaho, Yakima, WA, for the defendant-appellee.