Tuesday, July 29, 2008

U.S. v. Jimenez, No. 07-10399 (7-23-08). The 9th dialed "T" for drug trafficking when it comes to a prior conviction for unlawful use of communication facility under 21 USC 843(b). The defendant was convicted of a 1326, and given a 16-level enhancement for prior drug trafficking offenses. He appealed, arguing that use of a phone was not the same as trafficking, and he should just get the bump for an aggravated felony. The 9th (Duffy joined by B. Fletcher and Rymer) hung up on his argument. The 9th held, as did all the other circuits, that 843(b) is akin to drug trafficking.


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