United States Ninth Circuit

Sentence for illegal reentry by a deported alien is vacated and remanded for resentencing where the district court erred when it imposed a lower sentence on defendant based solely on what it misperceived to be an unwarranted sentencing disparity.

Appellate Information

• Argued 12/12/2008
• Decided 01/08/2009
• Published 01/08/2009

Judges

• SILVERMAN, Circuit Judge:, Before:  BARRY G. SILVERMAN and CARLOS T. BEA, Circuit Judges, and SUZANNE B. CONLON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David P. Curnow, United States Attorney's Office for the Southern District of California, San Diego, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Steven Francis Hubachek and Kris J. Kraus, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellee.