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U.S. v. CORTES

No. 01-50352.

299 F.3d 1030 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Walter CORTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2002.

Attorney(s) appearing for the Case

Carole C. Peterson, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Michael Tanaka, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Before PREGERSON, TROTT, Circuit Judges, and FITZGERALD, District Judge.

OPINION

TROTT, Circuit Judge.

Walter Cortes ("Cortes") was convicted of attempted carjacking in violation of 18 U.S.C. § 2119 ("carjacking statute"). Cortes requested a sentencing reduction to account for his acceptance of responsibility. The district court denied that request and sentenced Cortes to 97 months in prison.

On appeal, Cortes attacks the carjacking statute as an unconstitutional...

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