U.S. v. VIDAL

No. 04-50185.

504 F.3d 1072 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Jose VIDAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 10, 2007.


Attorney(s) appearing for the Case

Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the appellant.

Karen P. Hewiit, U.S. Attorney, Bruce R. Castetter, Assistant U.S. Attorney, and Mark R. Rehe, Assistant U.S. Attorney, San Diego, CA, for the appellee.

Christopher J. Meade, Janet R. Carter, Shauna Burgess, Wilmer Cutler Pickering Hale & Dorr LLP, New York, NY, as amicus curiae in support of appellant.

Before: MARY M. SCHROEDER, Chief Circuit Judge, STEPHEN REINHARDT, ALEX KOZINSKI, HAWKINS, SIDNEY R. THOMAS, KIM McLANE WARDLAW, W. FLETCHER, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, RICHARD C. TALLMAN, RICHARD R. CLIFTON, JAY S. BYBEE, CONSUELO M. CALLAHAN, and CARLOS T. BEA, Circuit Judges.


Opinion by Judge PAEZ; Dissent by Judge CALLAHAN; Dissent by Judge KOZINSKI.

PAEZ, Circuit Judge:

Following Juan Jose Vidal's plea of guilty to a violation of 8 U.S.C. § 1326, the district court imposed an eight-level sentence enhancement, pursuant to United States Sentencing Guidelines ("Guidelines" or "U.S.S.G.") § 2L1.2(b)(1)(C) (2002),1 based on Vidal's 1994 conviction under California Vehicle Code section 10851(a...

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