United States Ninth Circuit

Defendants' convictions and sentences for conspiracy to commit hostage taking, hostage taking, and harboring an alien, are: 1) affirmed as to the convictions, where the district court did not abuse its discretion in permitting a case agent to testify as an expert witness; but 2) vacated and remanded as to the sentences, where the record was unclear whether the district court found defendant Bonilla managed another participant in the crime, and the district court committed plain error affecting substantial rights by applying to defendants Bonilla and Calixtro-Bustamante an enhancement for use of a dangerous weapon, where the district court predicated the enhancement upon a legal misunderstanding that brandishing the firearm was sufficient.

Appellate Information

• Decided 09/09/2013
• Published 09/09/2013

Judges

• MARBLEY

Court

• United States Ninth Circuit

Counsel