Cases

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Criminal Action No. 13-cr-134 (BAH) ALFREDO MOSQUERA-MURILLO, Chief Judge Beryl A. Howell and ANTONIO MORENO-MEMBACHE, Defendants. MEMORANDUM OPINION On Septemb

MEMORANDUM AND ORDER J. THOMAS MARTEN, Chief Judge. The government has charged all the defendants (Manuel Torres Arevalo, Marisela Ramirez, Jorge Rodriguez-Maciel, Maria Rosario Diaz, and Victor Diaz) with conspiring to distribute 50 grams or more of methamphetamine (in violation of 21 U.S.C. §§ 846, 841). The government also charges that defendant Marisela Ramirez mutilated a Federal Reserve Note (18 U.S

ORDER REGARDING MOTION TO VACATE, SET ASIDE OR CORRECT CONVICTIONS AND SENTENCES LINDA R. READE, Chief Judge. I. INTRODUCTION.......................................................962 II. BACKGROUND.........................................................962 A. Underlying Criminal Proceedings....................................962

*782OPINION TROTT, Circuit Judge: The United States appeals from the district court’s dismissal of several counts of an indictment charging David Nosal with, inter alia, numerous violations of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030.1 Subsection (a)(4), the subsection under which Nosal was char

642 F.3d 781 (2011) UNITED STATES of America, Plaintiff-Appellant, v. David NOSAL, Defendant-Appellee. No. 10-10038. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 14, 2011. Filed April 28, 2011. Jenny C. Ellickson, Jaikumar Ramaswamy, Lanny A. Breuer, Scott N. Schools, and Kyle F. Waldinger, United States Department of

563 F.3d 969 (2009) UNITED STATES of America, Plaintiff-Appellee, v. Stanette Patricia CROWE, Defendant-Appellant. No. 08-30173. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 3, 2009. Filed April 24, 2009. *970 Anthony R. Gallagher, Federal Defender, Great Falls, MT, for the defenda

MEMORANDUM ** Jose Luis Contreras appeals from the 70-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm, but remand to correct the judgment. Contreras contends that the district court violated Federal Rule of

*631MEMORANDUM *** Laureano Barragan Santana appeals his 120-month sentence imposed pursuant to his plea of guilty to one count of conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 846 and to one count of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). Santana argues

612 F.3d 1092 (2010) UNITED STATES of America, Plaintiff-Appellee, v. Alberto MACIEL-ALCALA, aka Ramon Alfredo Ramirez, Defendant-Appellant. No. 09-50038. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 6, 2009. Filed March 25, 2010. Amended July 21, 2010. *1093 Sean K.

598 F.3d 1239 (2010) UNITED STATES of America, Plaintiff-Appellee, v. Alberto MACIEL-ALCALA, aka Ramon Alfredo Ramirez, Defendant-Appellant. No. 09-50038. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 6, 2009. Filed March 25, 2010. *1240 Sean K. Kennedy and Alexandra W. Yates, Federal

MEMORANDUM** Desmond Haylock appeals from the sentence imposed upon him following his guilty plea conviction for illegally reentering the United States following a deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm and remand. Haylock contends that this Court must reverse his sentence because the district court erred by failing

MEMORANDUM ** Leon Wilson Brown challenges several special conditions of supervised release imposed as part of his sentence following his guilty plea to possession of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we affirm in part and vacate in part and remand. Because Brown d

MEMORANDUM ** Marcos Sanchez-Castro appeals the sentence imposed following his plea of guilty to illegal reentry following deportation in violation of 8 U.S.C. § 1326. He seeks reversal of his sentence on six grounds, which are squarely foreclosed by our case law. We affirm the sentence issued by the district court. Sanchez-Castro argues that his sentence was unreasonable. We disagree

MEMORANDUM ** Douglas Enrique Lopez-Vivas (“Lopez-Vivas”) appeals the sentence imposed following his conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326. We affirm, X T „. , ,,,,,, . s, hancement provisions of 8 U.S.C. § 1326 are unconstitutional under Apprendi v. New Jersey 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 08-30173 Plaintiff-Appellee, v.  D.C. No. CR 07-123-GF-SEH STANETTE PATRICIA CROWE, OPINION Defendant-Appellant.  Appeal

MEMORANDUM ** Everardo Cervantes-Rubio (“Cervantes”) appeals the sentence imposed following his guilty plea to illegal reentry following removal, in violation of 8 U.S.C. § 1326. We affirm. I. The district judge properly considered Cervantes’s prior convictions in holding that the maximum potential sentence for his § 1326 conviction was twenty years, not two. The fac

MEMORANDUM ** Jesus Reyes-Ceballos appeals from his sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. The stay of this case is lifted because the mandate has issued in United States v. Diaz-Luevano, No. 05-50129, 494 F.3d. 1159, 2007 WL 2044256 (9th Cir. July 18, 2007). We have jurisdiction under 28 U.S.C. §

MEMORANDUM ** Rito Lopez-Mundo (“Lopez-Mundo”) objects to his sentences for violating 8 U.S.C. § 1326, Deported Alien Found in the United States, and for violating the conditions of his supervised release. Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition. Lopez-Mundo’s appeals raise five issues, none of which w

MEMORANDUM*** 1. The district judge did not err in enhancing Macias-Fuentes’s sentence under 8 U.S.C. § 1326(b). United States v. Almazara-Becerra, 456 F.3d 949, 955 (9th Cir.2006) (continuing to apply Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998)). 2. A crime of violence has as an element the “threatened use of physical force

492 F.3d 1140 (2007) UNITED STATES of America, Plaintiff-Appellee, v. Jose BOLANOS-HERNANDEZ, Defendant-Appellant. No. 06-30406. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 2007. Filed August 6, 2007. *1141 Tracy A. Staab, Assistant Federal Public Defender, Spokane, WA, for the de