United States Ninth Circuit

Sentence for for attempting to reenter the U.S. following deportation is vacated where the district court's imposition of a sentencing enhancement was in error since the defendant's prior conviction for first degree residential burglary was not a crime of violence.

Appellate Information

• Argued 02/09/2006
• Decided 01/20/2009
• Published 01/20/2009

Judges

• Before DAVID R. THOMPSON, THOMAS G. NELSON, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Vincent J. Brunkow, Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the Defendant-Appellant., Steven E. Stone, Assistant United States Attorney, San Diego, CA, for the Plaintiff-Appellee.