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| United States v. Gomez-Moreno, No. 06-10166,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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Overview: Sufficient evidence supported defendant's conviction of being deported alien found in U.S. without permission under 8 U.S.C.S. § 1326(a), as rational jury could find that government proved defendant's alienage beyond reasonable doubt, based on evidence that he had admitted several times during prior immigration proceedings to being born in Mexico.
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| United States v. Montenegro, No. 06-30207,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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Overview: A two-level enhancement under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) did not have a disproportionate impact on defendant's sentence such that the district court should have applied the clear and convincing standard. The district court correctly applied the Guidelines and properly considered the 18 U.S.C.S. § 3553(a) sentencing factors.
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| United States v. Morales, No. 06-15470,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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Overview: District court was to permit parties to introduce evidence regarding discovery of other guns in inmate's house, and then evaluate in light of that evidence whether inmate had shown reasonable probability that, but for his counsel's deficient performance, he would have qualified for safety valve under U.S. Sentencing Guidelines Manual § 5C1.2(a).
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| United States v. Novak, No. 04-55838,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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Overview: Treatment in 18 U.S.C.S. § 3613(a) of other federal statutory anti-alienation provisions indicated that Congress intended to override ERISA's anti-alienation provision and allow the government to reach ERISA-covered retirement plan benefits when enforcing criminal restitution orders.
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| United States v. Oberholtzer, No. 05-50405,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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Overview: Although there was exception to rule that mistake of law was no defense to prosecution in realm of criminal tax laws, defendant's fabrication of itemized expenses and deductions fell outside exception. Government proved willful conduct required to sustain conviction under 26 U.S.C.S. § 7206(2) for willfully aiding preparation of false tax returns.
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| United States v. Obidi, No. 05-50625,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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| United States v. Perez-Morales, No. 06-30310,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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| United States v. Resendiz-Ponce, No. 04-10302,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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| United States v. Rodriguez-Ramirez, No. 06-10233,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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Overview: Prior conviction for possession of marijuana for sale under Ariz. Rev. Stat. § 13-3405(A)(2) was "drug trafficking offense" under USSG § 2L1.2(b)(1)(A), cmt., application n. 1(B)(iv), as an element of offense was possession of substance for purpose of sale, and "purpose" was synonymous with "intent." Thus, 16-level enhancement properly was applied.
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