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U.S. v. JAUREGUI

No. 16-50429.

918 F.3d 1050 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Martin Brian JAUREGUI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 22, 2019.

Attorney(s) appearing for the Case

Kimberly S. Trimble , Federal Defenders of San Diego, Inc., San Diego, California, for Defendant-Appellant.

Nicole Ries Fox (briefed), Assistant U.S. Attorney, Mark R. Rehe (argued), Assistant U.S. Attorney, Office of the U.S. Attorney, San Diego, California, for Plaintiff-appelle.

Concurrence by Judge Berzon; Dissent by Judge Castel.

OPINION

Under federal law, the statutory maximum sentence for conspiracy to import a controlled substance depends on the specific, agreed-upon controlled substance "involv[ed]." 21 U.S.C. §§ 960(b), 963. We consider whether, consistent with the Sixth Amendment's jury trial guarantee, Martin Jauregui's sentence...

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