[DOWNLOAD] "United States v. Quintana-Quintana" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Quintana-Quintana
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 13, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Defendant-Appellant Oscar Quintana-Quintana ("Quintana") was convicted of being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. The district court sentenced Quintana to seventy months in custody and three years of supervised release, relying in part on a 16-level sentence enhancement under United States Sentencing Guideline ("U.S.S.G.") § 2L1.2 for Quintanas prior conviction for assault with a deadly weapon under California Penal Code § 245(a)(1). Quintana appealed his sentence, and we affirmed in an unpublished memorandum disposition. In a petition for rehearing and suggestion for rehearing en banc, Quintana now argues that Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531 (2004), compels us to vacate his sentence because the fact of his prior conviction was not proved to a jury beyond a reasonable doubt.