Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Martin PARRILLA, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided May 16, 1997No. 96-30357PublishedCited by 40 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
This case presents the issue whether a two-level sentence enhancement for possession of a gun during a drug-trafficking crime may be applied where the defendant presents evidence that he was entrapped into possessing the gun. We hold that the gun enhancement is not applicable where the defendant proves his sentencing entrapment claim by a preponderance of the evidence. Because the district court in the present case made no specific factual findings regarding the evidence of sentencing entrapment, we vacate the defendant’s sentence and remand for further proceedings.
FAC…
2Cases cited7 opinions
- United States v. Mark William Paul StauferCourt of Appeals for the Ninth Circuit · 1994
- United States v. Jose Garza CantuCourt of Appeals for the Ninth Circuit · 1993
- United States v. RobinsonCourt of Appeals for the Ninth Circuit · 1996
- United States v. Lorenzo NaranjoCourt of Appeals for the Ninth Circuit · 1995
- UNITED STATES of America, Plaintiff-Appellee, v. Terry Erwin EYLER, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- The Association Of Mexican-American Educators v. State Of CaliforniaCourt of Appeals for the Ninth Circuit · 2000
- UNITED STATES of America, Plaintiff-Appellee, v. Conrado GARCIA-GUIZAR, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
- United States v. Lopez-SandovalCourt of Appeals for the Ninth Circuit · 1998
- United States v. Maria RomeroCourt of Appeals for the Ninth Circuit · 2002
- United States v. James Earl MatthewsCourt of Appeals for the Ninth Circuit · 2001
35 more not listed; retrieve them via the Exa API.