United States Ninth Circuit

Defendant's sentence for illegal reentry into the U.S. is affirmed, where: 1) Defendant did not point to any undisclosed ground upon which the District Court relied in imposing an above-Guidelines sentence; and 2) Defendant had ample notice that the court would consider his criminal record.

Appellate Information

• Decided 06/10/2009
• Published 06/10/2009

Judges

• TALLMAN, Circuit Judge:, Before:  ROBERT R. BEEZER, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kathleen Moran, Assistant Federal Public Defender, Federal Defenders of Eastern Washington & Idaho, Spokane, WA, for defendant-appellant Rene Cruz-Perez., Pamela J. Byerly, Assistant United States Attorney, James A. McDevitt, United States Attorney for the Eastern District of Washington, Spokane, WA, for plaintiff-appellee United States of America.