United States Ninth Circuit

Defendant's sentence for illegally reentering the U.S. is vacated where the district court erred in assessing a criminal history point based on Defendant's 2004 state loitering conviction, because Section 4A1.2(c)(2) of the Sentencing Guidelines provides that loitering is not a basis for enhancement.

Appellate Information

• Decided 06/24/2009
• Published 06/24/2009

Judges

• PREGERSON, Circuit Judge:, Before: HARRY PREGERSON and DOROTHY W. NELSON, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for the appellant.


• For Appellees:
  
• Brock H. Lunsford, Special Assistant United States Attorney, Domestic Security and Immigration Crimes Section, Los Angeles, CA, for the appellee.