United States Ninth Circuit

Sentence for being a deported alien found in the U.S. is vacated and remanded where, under the Supreme Court's recent decision in Lopez v. Gonzales, 127 S. Ct. 625 (2006), simple possession cannot be treated as an aggravated felony for sentencing purposes, thus the district court was incorrect when it determined that defendant faced a twenty-year statutory maximum sentence instead of a ten-year maximum sentence.

Appellate Information

• Decided 07/24/2007
• Published 07/24/2007

Judges

Court

• United States Ninth Circuit

Counsel