Friday, December 05, 2008

U.S. v. Murillo, No. 07-50462 (12-1-08). Many state sentencing schemes allow for suspension of sentence with imprisonement for a year as a condition of probation. That was done here. This was a no-no. The Federal Sentencing Reform Act, and the Guidelines, do not allow for such a suspension. See also U.S. v. Mueller, 463 F.3d 887 (9th Cir. 2006). The sentence was vacated, and remanded for resentencing before a different judge.


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