United States Ninth Circuit

Defendant's drug importation sentence is affirmed where defendant's prior California convictions were not expunged for purposes of the Sentencing Guidelines, because under California law the convictions in question could still be used at a later time in a variety of circumstances.

Appellate Information

• Argued 07/07/2009
• Decided 08/18/2009
• Published 08/18/2009

Judges

• Before:  ALEX KOZINSKI, Chief Judge, FERDINAND F. FERNANDEZ and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Roseline D. Feral, San Diego, CA;  Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Joseph J.M. Orabona, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.