Nos. 21-50259, 21-50261.

83 F.4th 729 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Carlos CABRERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2023.

Attorney(s) appearing for the Case

Kara Hartzler (argued), Federal Public Defender, Federal Defenders of San Diego Inc., San Diego, California, for Defendant-Appellant.

Zachary J. Howe (argued) and Colin M. McDonald , Assistant United States Attorneys; Daniel E. Zipp , Assistant United States Attorney, Appellate Section Chief, Criminal Division; Randy S. Grossman , United States Attorney; United States Department of Justice, United States Attorney's Office, San Diego, California; Amanda T. Muskat , Fitzgerald Knaier LLP, San Diego, California; for Plaintiff-Appellee.

Concurrence by Judge Collins.


Defendant-Appellant Juan Cabrera was found guilty of attempted illegal entry pursuant to 8 U.S.C. § 1325 and attempted illegal reentry pursuant to 8 U.S.C. § 1326. On appeal, he argues that the district court violated his rights to a fair trial and sentence. We have jurisdiction pursuant to 28...

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