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U.S. v. YEPEZ

Nos. 09-50271, 09-50409.

704 F.3d 1087 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David YEPEZ, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Audenago Acosta-Montes, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2012.

Attorney(s) appearing for the Case

Karen P. Hewitt , United States Attorney, Bruce R. Castetter , Assistant U.S. Attorney, Chief, Appellate Section Criminal Division, and Timothy C. Perry , Assistant U.S. Attorney, Office of the U.S. Attorney for the Southern District of California, San Diego, CA, for Appellee United States.

Michael Edmund Burke , San Diego, CA, for Appellant David Yepez.

Karen P. Hewitt , United States Attorney, Bruce R. Castetter , Assistant U.S. Attorney, Chief, Appellate Section Criminal Division, and Kyle W. Hoffman and Rebecca Suzanne Kanter , Assistant U.S. Attorneys, Office of the U.S. Attorney for the Southern District of California, San Diego, CA, for Appellant United States.

Vincent James Brunkow , Assistant Appellate Supervisor, Federal Defenders of San Diego, Inc., San Diego, CA, for Appellee Audenago Acosta-Montes.

Per Curiam Opinion; Dissent by Judge WARDLAW.

OPINION

PER CURIAM:

1. David Yepez and Audenago Acosta-Montes's cases are variations on the same theme. Both were arrested crossing into the United States from Mexico while carrying enough methamphetamine to trigger a ten-year mandatory minimum sentence. Each pled guilty to one count of importing methamphetamine.

After the pleas, but before sentencing, they learned that they were ineligible for relief under the Mandatory Minimum Sentencing Reform...

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