United States Ninth Circuit

In a conviction of defendant for ten counts of transportation of illegal aliens resulting in their deaths, district court's imposition of ten concurrent life sentences is vacated and remanded, as the district court clearly erred in finding that defendant acted with malice aforethought, as this finding is not supported by any clear, direct, or weighty facts in the record, and runs counter to strong evidence to the contrary.

Appellate Information

• Decided 08/27/2012
• Published 08/27/2012

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel