United States Ninth Circuit
US v. Wakanine, 06-50521, 06-50713
In a case challenging sentencing on a RICO conspiracy conviction, the sentence and restitution ordered are vacated and remanded where: 1) the district plainly erred by not considering the 18 U.S.C. section 3553(a) sentencing factors before imposing the sentence; 2) the district court violated Rule 32(i)(4)(A)(iii) of the Federal Rules of Criminal Procedure by not giving the government an opportunity to speak at the sentencing hearing; and 3) the district court did not establish the restitution amount by a preponderance of the evidence.
Appellate Information
- Decided 09/10/2008
- Published 09/10/2008
Judges
Court
- United States Ninth Circuit