Tuesday, July 02, 2013

US v. Huizar-Velazquez, No. 11-50237

US v. Huizar-Velazquez, No. 11-50237 (7-2-13)(Kleinfeld with McKeown and Quist, D.J.).

Why criminal law never gets old: the 9th reverses sentencing and remands for wrong use of a guideline provision. The crime? Dumping of wire hangers (yes, wire hangers...the kind you hang your shirt on...be it a white collar or dirty shirt practcie). It seems the defendnat dumped wire hangers on the US market by having them stamped as "Made in Mexico" (NAFTA) rather than declaring them to have been made in China. (You will never look at "laundering" the same way). The court used the "bribery" guideline for sentencing -- 2C1.1 -- instead of "smuggling" -- 2T3.1. No bribery took place here; just smuggling.

The decision is here:


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