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U.S. v. KENTZ

No. 00-50186.

251 F.3d 835 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Lowell KENTZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2001.

Attorney(s) appearing for the Case

Karen L. Landau, Oakland, California, for the defendant-appellant.

Michael J. Raphael, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: PAMELA ANN RYMER, MICHAEL DALY HAWKINS, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted May 8, 2001 — Pasadena, California.

RYMER, Circuit Judge:

The main issue we must decide is whether the district court is foreclosed from enhancing a sentence for an offense committed on pretrial release when the defendant has not been specifically warned in the pretrial release order that committing a new offense while on release would result in an additional enhancement pursuant to 18 U.S.C. § 3147 and its implementing guideline...

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