United States Ninth Circuit

Defendant's mail fraud sentence is affirmed where the District Court correctly held that it was precluded from considering evidence of Defendant's post-sentencing rehabilitation in determining whether it would have imposed the same sentence had it known the Sentencing Guidelines were advisory. (Amended opinion)

Appellate Information

• Argued 02/03/2009
• Decided 06/23/2009
• Published 06/23/2009

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michelle D. Anderson, Law Offices of Michelle D. Anderson, San Diego, CA, for defendant-appellant Cosme Medina-Villa., Karen P. Hewitt, U.S. Atty., Christina M. McCall (on the brief), and Mark R. Rehe (at argument and on supplemental briefing), Asst. U.S. Attys., San Diego, CA, for plaintiff-appellee United States of America.