Friday, April 27, 2007

US v. Olmos-Esparza, No. 06-50276 (4-24-07). The 9th (Hawkins joined by T. Nelson and Siler) hold 2L1.2 (illegal reentry) is timeless when it comes to offense level enhancements for prior types of offenses. The defendant's convictions here occurred between 1972 and 1976. The 9th rejected the ambiguity argument in the commentary, and joined the 10th and 11th Circuits in finding that the sins of the past can never be expunged when it comes to 2L1,2.

Nunes v. Ramirez-Palmer, No. 06-16100 (4-27-07). The 9th (Gould, Smith and Covello writing) affirm a denial of a habeas challenging California's three-strike provision. The state courts' decisions were not an unreasonable interpretation of constitutional law, and the prosecution of the petitioner was neither vindictive nor a constitutionally infirm exercise of prosecutorial discretion.


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