United States Ninth Circuit

Remanding a case for resentencing on a charge of illegal reentry because an enhancement had been applied for defendants who had been convicted for a felony offense where the sentence imposed was two or more years prior to their first removal from the country because the defendant had initially been sentenced to a year in prison, a sentence that was later changed to three years when his probation was revoked upon return to the United States because the qualifying prior felony conviction did not result in the required sentence until after his initial removal.

Appellate Information

• Published 2017/09/15

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel