United States v. Pedro Mezas De Jesus
Court of Appeals for the Ninth Circuit
1Opinion of the Court
PREGERSON, Circuit Judge:
Pedro Mezas de Jesus was convicted in 1998 of being an undocumented immigrant in possession of a firearm in violation of 18 U.S.C. § 922(g)(5). At sentencing, the government argued that Mezas de Jesus committed this offense during a purported, uncharged kidnaping. The sentencing court applied the preponderance of the evidence standard and found that Mezas de Jesus possessed a firearm in connection with a kidnaping. On this basis, the court sentenced him under the kidnaping guideline, U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 2A4.1 (1998), instead of the…
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