United States Ninth Circuit

Defendant's conviction for being found in the U.S. without the consent of the Attorney General is affirmed over a claim of error regarding jury instruction where, although the district court erred in failing to give a proposed instruction, the error was harmless. Sentence is vacated and remanded pursuant to a nonconstitutional Booker claim. (Amended opinion)

Appellate Information

• Argued 06/08/2005
• Decided 08/15/2006
• Published 08/15/2006

Judges

• Before B. FLETCHER, RYMER and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Vincent J. Brunkow, Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Shanna L. Dougherty, Assistant U.S. Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.