United States Ninth Circuit

In an en banc case to resolve an intra-circuit conflict over the standard of review that applies when this court reviews a district court's application of the United States Sentencing Guidelines to the facts of a given case: 1) as a general rule, a district court's application of the Sentencing Guidelines to the facts of a given case should be reviewed for abuse of discretion; and 2) the determination whether a defendant's prior conviction is for a 'crime of violence,' as required under some provisions of the Guidelines, remains subject to de novo review. Here, the district court's sentencing determination is affirmed using the de novo standard of review.

Appellate Information

• Published 2017/04/05

Judges

• WATFORD

Court

• United States Ninth Circuit

Counsel