United States Ninth Circuit

A sentence for illegal reentry under 8 U.S.C. section 1326 is affirmed over a Booker reasonableness challenge, a claim that the statute of conviction was unconstitutional, and a claim that the district court committed plain error when it imposed several conditions of supervised release. The case is remanded to the district court for the limited purpose of striking a reference to section 1326(b)(2) in the judgment.

Appellate Information

• Decided 08/16/2006
• Published 08/16/2006

Judges

• GOULD, Circuit Judge., Before THOMAS and GOULD, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant Mario Maciel-Vasquez., Sean K. Lokey, Assistant United States Attorney, Riverside, CA, for plaintiff-appellee United States of America.