United States Ninth Circuit

A sentence for being a deported alien found in the U.S. is affirmed in part and remanded in part where: 1) defendant's prior California conviction for unlawful sexual intercourse with a minor qualified as a "crime of violence" under the federal Sentencing Guidelines; 2) the district court did not err in increasing defendant's sentence under 18 U.S.C. section 1326(b)(2); and 3) a remand was required to determine whether the government improperly refused to file a motion under U.S.S.G. section 3E1.1(b).

Appellate Information

• Argued 08/15/2006
• Decided 05/14/2007
• Published 05/14/2007

Judges

• O'SCANNLAIN, Circuit Judge., Before:  ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Benjamin L. Coleman, San Diego, CA, argued the cause for the defendant-appellant, and filed briefs., Joseph S. Green, Assistant U.S. Attorney, San Diego, CA, argued the cause for the plaintiff-appellee;  Carol C. Lam, U.S. Attorney, and Roger W. Haines, Jr., Assistant U.S. Attorney Chief, Appellate Section, Criminal Division, were on the brief.