United States Ninth Circuit

An enhanced sentence for being found in the U.S. after having been previously deported is affirmed over an equal protection challenge as the Sentencing Commission did not act arbitrarily in treating a felon like defendant, who is convicted of being found in the U.S. after having been previously deported, more severely than a felon who is convicted of a different crime and has the same priors for enhancement purposes.

Appellate Information

• Argued 04/16/2007
• Decided 07/06/2007
• Published 07/06/2007

Judges

• SCHROEDER, Chief Judge:, Before:  MARY M. SCHROEDER, Chief Circuit Judge, STEPHEN S. TROTT, Circuit Judge, and BARRY TED MOSKOWITZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Lara S. Vinnard, Assistant Federal Public Defender, San Jose, CA, for the defendant-appellant., Erika R. Frick, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.