United States Ninth Circuit

Defendant-s sentence for illegal reentry into the United States following removal is affirmed and remanded. Although the fact of Defendant-s prior conviction was not proven to a jury, the District Court did not violate the Sentencing Guidelines or Apprendi by using the conviction as a basis for increasing Defendant-s sentence.

Appellate Information

• Decided 02/17/2009
• Published 02/17/2009

Judges

• PER CURIAM:, Before:  HARRY PREGERSON, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Shaffy Moeel, Federal Defenders of San Diego, Inc., San Diego, CA, for appellant Jesus Garcia-Cardenas.


• For Appellees:
  
• Adam L. Braverman, Assistant United States Attorney, San Diego, CA, for appellee United States.