United States Ninth Circuit

In a case challenging an enhanced sentence imposed for illegal reentry after deportation, the sentence is reversed and remanded where: 1) the district court erred by enhancing defendant's sentence under U.S. Sentencing Guidelines (USSG) section 2L1.2(b)(1)(A)(I) because the government failed to show that defendant-s sentence for his prior drug trafficking offense exceeded thirteen months; and 2) defendant's conviction under California Penal Code section 192(c)(3) for vehicular manslaughter while intoxicated without gross negligence was not a "crime of violence" allowing a sixteen point enhancement under USSG section 2L1.2(b)(1)(A)(ii).

Appellate Information

• Argued 03/04/2008
• Decided 09/24/2008
• Published 09/24/2008

Judges

• Before:  JOHN R. GIBSON,DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Lynn H. Ball, Law Office of Lynn H. Ball, San Diego, CA, for the defendant-appellant., Timothy F. Salel, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.