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Federal Courts -
9th Circuit Court of Appeals - January 11, 2007
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United States v. Hicks, No. 06-30193,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: Where defendant was resentenced under 18 U.S.C.S. § 3582(c)(2) for, inter alia, his conviction per 18 U.S.C.S. § 924(c) because U.S. Sentencing Guidelines Manual § 2K2.4, cmt., application n. 2 (2000) had been modified, his sentence was vacated because U.S. v. Booker's advisory scheme applied to the resentencing despite certain policy statements.
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United States v. Plazo, No. 05-50184, No. 05-50623,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 11, 2007, Filed
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Overview: Defendants were not entitled to relief from their sentences of 46 months' imprisonment for conspiracy to commit bank fraud, access device fraud, and possession of stolen mail, violations of 18 U.S.C.S. § 371, when the first defendant's sentence did not violate due process and the Ex Post Facto Clause and the second defendant's sentence was proper.
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