United States Ninth Circuit

A sentence for being an illegal alien found in the U.S. following deportation is reversed where: 1) the district court erred in applying U.S.S.G. section 2L1.2(b)(1)(B), for having a previous conviction for "a felony drug trafficking offense for which the sentence imposed was 13 months or less," to defendant's fully suspended and probated sentence for unlawful sale of a controlled substance; and 2) the error was not harmless.

Appellate Information

• Decided 02/28/2007
• Published 02/28/2007

Judges

• BYBEE, Circuit Judge:, Before: KLEINFELD and BYBEE, Circuit Judges, and WHALEY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael K. Powell, Assistant Federal Public Defender, Reno, NV, for the defendant-appellant., Ronald C. Ranchow, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee.