United States Ninth Circuit

In an immigration case, an enhanced sentence is affirmed where: 1) the government's decision not to move for reduced sentencing was not arbitrary; and 2) separation of powers between the judicial and executive branches is not violated by section 401(g) of the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act of 2003, which requires the government to make a motion in order for a defendant to receive a reduced sentence under the U.S. Sentencing Guidelines.

Appellate Information

• Argued 08/15/2008
• Decided 09/05/2008
• Published 09/05/2008

Judges

• PER CURIAM:, Before:  EUGENE E. SILER, JR.,M. MARGARET McKEOWN and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jon M. Sands, Federal Public Defender, Saul M. Huerta, Assistant Federal Public Defender, Tucson, AZ, for the appellant.


• For Appellees:
  
• Paul K. Charlton, United States Attorney for the District of Arizona, Christina Cabanillas, Appellate Chief, George Ferko, Assistant United States Attorney, Tucson, AZ, for the appellee.