United States Ninth Circuit

Defendant's convictions for conspiracy, bank robbery, and a firearm-related charge are affirmed over claims of error regarding admission of evidence and prosecutorial misconduct, but his sentence is vacated where the district court impermissibly relied on juvenile adjudications to impose a sentence above the maximum sentence authorized by the jury verdict and the mandatory Guidelines in effect at that time, and it was not clear what sentence it would have imposed otherwise.

Appellate Information

• Argued 10/17/2005
• Decided 09/06/2006
• Published 09/06/2006

Judges

• HUG, Circuit Judge., Before PROCTER HUG, JR., HARRY PREGERSON, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael J. Treman, Santa Barbara, CA, for the appellant/cross-appellee., Elizabeth R. Yang, Assistant United States Attorney, Organized Crime and Terrorism Section, Los Angeles, CA, for the appellee/cross-appellant.