United States Ninth Circuit

Sentences for drug and weapons charges are affirmed where, despite the fact that the district court erroneously issued a sentence that was five years less than the mandatory minimum, an appellate court cannot raise a defendant's sentence if the government has not appealed, even to raise the sentence to the statutorily required minimum.

Appellate Information

• Decided 02/10/2009
• Published 02/10/2009

Judges

• REINHARDT, Circuit Judge:, Before:  PROCTER HUG, JR., STEPHEN REINHARDT and A. WALLACE TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Brian G. Larson, Assistant United States Attorney, United States Attorney's Office for the District of Arizona, Phoenix, AZ, for the plaintiff-appellee., Lynn T. Hamilton, Hamilton Law Office, Mesa, AZ, for defendant-appellant Jose Beltran-Moreno., James Sun Park, Park Law Office, Phoenix, AZ, for defendant-appellant Abraham Beltran-Moreno.