United States Ninth Circuit
US v. Jimenez, 07-10399
A sentence for unlawful reentry of a deported alien is affirmed where defendant's prior convictions for Unlawful Use of a Communication Facility under 21 U.S.C. section 843(b) qualify as "drug trafficking offenses" under section 2L1.2(b)(1)(A)(i) of the Guidelines, as reasoned in US v. Orihuela, 320 F.3d 1302, 1305 (11th Cir. 2003).
Appellate Information
- Argued 05/16/2008
- Decided 07/23/2008
- Published 07/23/2008
Judges
- DUFFY, Senior District Judge:, Before: B. FLETCHER and PAMELA ANN RYMER, Circuit Judges, and KEVIN THOMAS DUFFY, Senior District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Robert A. Bork, Assistant United States Attorney, Las Vegas, NV, for appellee the United States of America., Robert L. Ellman, Appellate Chief, Las Vegas, NV, for appellee the United States of America., Brenda Weksler, Assistant Federal Public Defender, Las Vegas, NV, for defendant Jose Noe Jimenez., Arthur L. Allen, Assistant Federal Public Defender, Las Vegas, NV, for defendant Jose Noe Jimenez.