Legal Opinion

United States v. Leyva

Court of Appeals for the Ninth Circuit

Decided April 5, 2006No. 05-50145Published

1Opinion of the Court

*399MEMORANDUM *

Yocio Leyva appeals his sentence and several aspects of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291. Because a disputed issue in the pre-sentence report was never resolved, we vacate the sentence and remand.

Pursuant to Federal Rule of Criminal Procedure 32(i)(3)(B), the district court must rule on Leyva’s objection to the paragraph in the presentence report setting forth the background circumstances leading to the conviction.1 Explicit findings are necessary, among other reasons, “to assist administrative agencies that are required to make decisions…

2Cases cited3 opinions

  1. United States v. Angel Fernandez-AnguloCourt of Appeals for the Ninth Circuit · 1990
  2. United States v. Charles ThomasCourt of Appeals for the Ninth Circuit · 2004
  3. United States v. Oscar Guadalupe Leyva-FrancoCourt of Appeals for the Ninth Circuit · 2002

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