United States v. Valencia-Mendoza

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The Ninth Circuit vacated defendant's sentence for unlawful reentry into the United States after removal and remanded for resentencing. The Supreme Court has held that courts must consider both a crime's statutory elements and sentencing factors when determining whether an offense is punishable by a certain term of imprisonment. At issue was whether defendant's earlier offense was punishable under Washington by more than one year. The panel held that it can no longer follow its earlier precedents that eschewed consideration of mandatory sentencing factors. The panel held that Washington statutes prescribe a required sentencing range that binds the sentencing court. In this case, defendant's offense—as actually prosecuted and adjudicated—was punishable under Washington law by no more than six months in prison. Therefore, the district court erred by concluding that his offense was punishable by more than one year in prison. View "United States v. Valencia-Mendoza" on Justia Law

Posted in: Criminal Law

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