United States Ninth Circuit

Convictions and sentences for drug and firearms offenses are reversed in part where insufficient evidence was introduced at trial to support the firearms possession convictions, but otherwise affirmed over claims of error regarding: 1) the acceptance of a drug quantity recommendation in a presentence investigation report, which was higher than that found by a jury; 2) a Sixth Amendment claim as to a sentence; 3) jury instruction; and 4) a sentencing increase for obstruction of justice.

Appellate Information

• Argued 10/19/2005
• Decided 08/30/2006
• Published 08/30/2006

Judges

• RAWLINSON, Circuit Judge., Before D.W. NELSON, RAWLINSON, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Melody M. Walcott, Fresno, CA, for appellant Julio Cesar Ruiz., John F. Garland, Fresno, CA, for appellant Angel Eliazar Noriega-Valenzuela.


• For Appellees:
  
• Kathleen Servatius (briefed) and Kevin Rooney (argued), Fresno, CA, for appellee United States of America.