US v. Lin, No. 15-10152
(11-14-16)(Farris with Wallace and Watford).
The 9th vacates a sentence, and remands for guidelines error. The error came when the court sentenced for sex trafficking and applied the base offense level of 34, which is the level if the offense of conviction is 18 US.C. 1591(b)(1). This carries a mandatory minimum of 15 years. The defendant did not plead to this subsection, nor to an offense that carried a mandatory minimum.
The 9th vacates a sentence, and remands for guidelines error. The error came when the court sentenced for sex trafficking and applied the base offense level of 34, which is the level if the offense of conviction is 18 US.C. 1591(b)(1). This carries a mandatory minimum of 15 years. The defendant did not plead to this subsection, nor to an offense that carried a mandatory minimum.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/11/14/15-10152.pdf
posted by Jon Sands at 11/14/2016 11:44:00 AM
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