Legal Opinion
United States v. Ralph Perez Dominguez
Court of Appeals for the Ninth Circuit
Decided January 21, 2003No. 02-10106PublishedCited by 10 opinions
1Opinion of the Court
OPINION
TALLMAN, Circuit Judge:
We allocate to a defendant the burden of proving that a prior conviction was unconstitutional when a defendant challenges the use of the prior conviction in ealculat-ing a later sentence under the federal Sentencing Guidelines. Because the burden of establishing the constitutionality of prior convictions was improperly assigned to the government in this case, we vacate the district court’s sentence and remand for further proceedings.
I
Ralph Perez Dominguez pled guilty to one count of a nine-count indictment: possession with intent to distribute 100 to 1,000…
2Cases cited9 opinions
- United States v. Benjamin F. Gay Iii, Roy M. PorterCourt of Appeals for the Ninth Circuit · 1992
- United States v. Erwin Darrell NewmanCourt of Appeals for the Ninth Circuit · 1990
- UNITED STATES of America, Plaintiff-Appellee, v. Edward E. ALLEN, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
- United States v. Frank Preston AkinsCourt of Appeals for the Ninth Circuit · 2002
- United States v. Eric Francis Kelly, AKA Frankie TheisonCourt of Appeals for the Ninth Circuit · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. Nicolas Franco-FloresCourt of Appeals for the Ninth Circuit · 2009
- United States v. CouparCourt of Appeals for the Ninth Circuit · 2004
- United States v. AalundCourt of Appeals for the Ninth Circuit · 2006
- United States v. Alfonso Martinez-CruzCourt of Appeals for the D.C. Circuit · 2013
- United States v. Alfonso Martinez-CruzCourt of Appeals for the D.C. Circuit · 2013
5 more not listed; retrieve them via the Exa API.