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U.S. v. SAINZ

Nos. 17-10310 17-10311 17-10312.

933 F.3d 1080 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. David James SAINZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 12, 2019.

Attorney(s) appearing for the Case

Carman A. Smarandoiu (argued), Chief, Appellate Unit; Steven G. Kalar , Federal Public Defender; Office of the Federal Public Defender, San Francisco, California; for Defendant-Appellant.

Merry J. Chan (argued), Assistant United States Attorney; J. Douglas Wilson , Chief, Appellate Division; United States Attorney's Office, San Francisco, California; for Plaintiff-Appellee.

Before: A. Wallace Tashima and Milan D. Smith, Jr., Circuit Judges, and Lawrence L. Piersol, District Judge.

OPINION

In this case of first impression, we consider whether a district court may sua sponte raise a defendant's waiver of the right to seek relief under 18 U.S.C. § 3582(c)(2) and deny the defendant's motion for resentencing on that ground. We hold...

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