United States Ninth Circuit

A sentence for illegal reentry into the U.S. is vacated where defendant's timely Sixth Amendment objections, based on Apprendi and Blakely were sufficient to preserve his Booker challenge to a court's imposition of his sentence using the erstwhile mandatory Guidelines.

Appellate Information

• Argued 10/21/2005
• Decided 07/06/2006
• Published 07/06/2006

Judges

• PAEZ, Circuit Judge., Before HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ellis M. Johnston, III, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Christopher P. Tenorio, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.