United States v. Barragan

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The Ninth Circuit affirmed Defendant Barragan, Franco, and Fernandez, and Guitierrez's conviction for conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(d), and Barragan's conviction of drug crimes. The panel affirmed Barragan, Franco, and Fernandez's sentences, but vacated Guitierrez's sentence. In this case, the government conceded, and the panel agreed, that the district court erred in classifying Gutierrez as a career offender because his conviction in this case was not for a crime of violence or a controlled substance offense. Accordingly, the court remanded for resentencing of Gutierrez on an open record. View "United States v. Barragan" on Justia Law