US v. Martinez-Rodroguez, No. 05-50719 (11-21-06). The 9th (Gould joined by Pregerson and Clifton) affirms a 1326 conviction and sentence. The 9th held that the jury had to find a removal subsequent to an aggravated felony and thus the element was met that increased the conviction's max to 20 years. The jury had two removals to choose from -- 1994 and 1999 -- and both were after the 1992 conviction. The jury's failure to specify the date does not constitute a missing element. The 9th also reconfirmed that it was bound by Almendarez-Torres.

US et al vs Lazarenko, No. 06-10273 (11-21-06). Keep this case in mind when you are representing a former Ukrainian Prime Minister convicted of money laundering, forfeited assets, and standing by creditors. The 9th (with Justice O'Connor sitting) held that creditors do not have standing to contest the government's forfeiture.