U.S. v. BUZO-ZEPEDA

No. 09-50190.

609 F.3d 1024 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus BUZO-ZEPEDA, aka Jesus Sanchez-Esperanza, aka Jesus Geovani Buzo, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2010.


Attorney(s) appearing for the Case

Davina T. Chen, Deputy Federal Public Defender for the Central District of California, argued the cause for the defendant-appellant and filed the briefs. Sean K. Kennedy, Federal Public Defender for the Central District of California, also was on the briefs.

Jennifer M. Resnik, Special Assistant United States Attorney, argued the cause for the appellee and filed the briefs. George S. Cardona, Acting United States Attorney for the Central District of California, and Christine C. Ewell, Assistant United States Attorney for the Central District of California, also were on the briefs.

Before: MARY M. SCHROEDER, RAYMOND C. FISHER and N. RANDY SMITH, Circuit Judges.


N.R. SMITH, Circuit Judge:

We hold that a "Johnson waiver" in California state court has no effect on the determination of whether a defendant qualifies for a point increase under United States Sentencing Guidelines Manual § 4A1.1, Criminal History Category. A "Johnson waiver" is a unique California state court procedure, wherein the defendant voluntarily forfeits the credit for time already served in jail, so that the state sentencing court may...

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