United States Ninth Circuit

In the context of a defendant convicted of being a previously removed alien found in the U.S., the dates of a previous felony conviction and of a previous removal from the U.S., must be alleged in the indictment and proved to a jury for the defendant to be subject to an increased sentence under 8 U.S.C. section 1326(b). Further, such an error, in a context that affects only sentencing, is subject to harmless error analysis.

Appellate Information

• Argued 05/16/2007
• Decided 10/24/2007
• Published 10/24/2007

Judges

• CLIFTON, Circuit Judge:, Before:  RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and JEREMY D. FOGEL, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carey D. Gorden (argued), Federal Defenders of San Diego, Inc., San Diego, CA, for appellant.


• For Appellees:
  
• Karen P. Hewitt, United States Attorney;  Bruce R. Castetter, Assistant United States Attorney;  Christopher P. Tenorio (argued), Assistant United States Attorney, San Diego, CA, for appellee.