U.S. v. McENRY

No. 10-10433.

659 F.3d 893 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Michael McENRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 13, 2011.


Attorney(s) appearing for the Case

Eric V. Kersten , Assistant Federal Defender, Fresno, CA, for the defendant-appellant.

Karen A. Escobar , Assistant United States Attorney, Fresno, CA, for the plaintiff-appellee.

Before: A. WALLACE TASHIMA and JOHNNIE B. RAWLINSON, Circuit Judges, and TERRY J. HATTER, Senior District Judge.


OPINION

TASHIMA, Circuit Judge:

Michael McEnry ("McEnry") was convicted, on a plea of guilty, of serving as an airman without an airman's certificate, in violation of 49 U.S.C. § 46306(b)(7). He appeals from his sentence on the ground that the district court procedurally erred by sentencing him pursuant to U.S.S.G. § 2A5.2, rather than U.S.S.G. § 2B1.1. We have jurisdiction under 28 U.S.C. §...

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