UNITED STATES v. VALDEZ-LOPEZ

No. 20-10004.

4 F.4th 886 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Rufino VALDEZ-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2021.


Attorney(s) appearing for the Case

David J. Teel (argued), Law Office of David J. Teel PLLC, Phoenix, Arizona, for Defendant-Appellant.

Raymond K. Woo (argued), Assistant United States Attorney; Krissa M. Lanham , Appellate Division Chief; Michael Bailey , United States Attorney; United States Attorney's Office, Phoenix, Arizona; for Plaintiff-Appellee.

Concurrence by Judge W. Fletcher.


OPINION

After successfully moving to set aside one of several counts on which he had been convicted, Rufino Valdez-Lopez was resentenced by a different district judge but received a longer sentence than he had before. He now challenges that sentence as the product of judicial vindictiveness. We conclude that no presumption...

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