U.S. v. AGUILAR-REYES

No. 10-10092.

723 F.3d 1014 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Marcelino AGUILAR-REYES, aka Sebastian Gonsalez-Gonsalez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2013.


Attorney(s) appearing for the Case

Juan L. Rocha , Phoenix, AZ, argued the cause and filed the briefs for the defendant-appellant. With him on the briefs were Jon M. Sands , Federal Public Defender, and Brian I. Rademacher , Assistant Federal Public Defender, Phoenix, AZ.

Dominic Lanza , Assistant U.S. Attorney, Phoenix, AZ, argued the cause and filed the briefs for the United States. With him on the brief were John S. Leonardo , United States Attorney, and Mark S. Kokanovich , Deputy Appellate Chief, Phoenix, AZ.

Before: DIARMUID F. O'SCANNLAIN and ANDREW D. HURWITZ, Circuit Judges, and LAWRENCE L. PIERSOL, District Judge.


OPINION

O'SCANNLAIN, Circuit Judge:

We must specify the proper appellate remedy for a defendant who is entitled to a resentencing but, having been deported, is unable to be present for a resentencing hearing.

I

In 2008, Marcelino Aguilar-Reyes, a Mexican citizen, was convicted in Arizona state court of "attempt to commit smuggling" in violation of A.R.S. § 13-2319. He was sentenced...

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