United States Ninth Circuit

Defendant's sentence of 72 months for reentering the U.S. following removal is affirmed, where an indictment charging the illegal reentry of a previously removed alien may support an increased maximum sentence even if it alleges the date of the prior removal without specifying the relative date of the prior conviction.

Appellate Information

• Argued 02/04/2009
• Decided 05/27/2009
• Published 05/27/2009

Judges

• FISHER, Circuit Judge:, Before:  B. FLETCHER, PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Rebecca L. Pennell, Assistant Federal Public Defender, Yakima, WA, for the defendant-appellant., James A. McDevitt, United States Attorney and Alexander C. Ekstrom (argued), Assistant United States Attorney, Yakima, WA, for the plaintiff-appellee.