UNITED STATES v. MADRID-BECERRA

No. 19-10458.

14 F.4th 1096 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Yobani MADRID-BECERRA, AKA Jose Jobane Madrid Becerra, AKA Jose Madrid-Mesena, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2021.


Attorney(s) appearing for the Case

Michael L. Burke (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Defendant-Appellant.

Seth T. Goertz (argued), Assistant United States Attorney; Krissa M. Lanham , Appellate Division Chief; Michael Bailey , United States Attorney; United States Attorney's Office, Phoenix, California; for Plaintiff-Appellee.

Dissent by Judge Cardone


OPINION

Defendant Jose Madrid-Becerra appeals from his sentence for a conviction of illegal re-entry under 8 U.S.C. § 1326(a). He argues that the district court erred by applying United States Sentencing Guidelines (U.S.S.G. or Guidelines) § 4A1.1(d) to raise his criminal history score and, consequently...

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