U.S. v. DOMINGUEZ

No. 02-10106.

316 F.3d 1054 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Ralph Perez DOMINGUEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 21, 2003.


Attorney(s) appearing for the Case

Richard E. Gordon, Assistant United States Attorney, Tucson, Arizona, on behalf of the plaintiff-appellant.

Paul D. Bates, Tucson, Arizona, on behalf of the defendant-appellee.

Before BERZON, TALLMAN, and CLIFTON, Circuit Judges.


OPINION

TALLMAN, Circuit Judge:

We allocate to a defendant the burden of proving that a prior conviction was unconstitutional when a defendant challenges the use of the prior conviction in calculating a later sentence under the federal Sentencing Guidelines. Because the burden of establishing the constitutionality of prior convictions was improperly assigned to the government in this case, we vacate the district court's sentence and remand for further proceedings...

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