Legal Opinion
United States v. Murillo
Court of Appeals for the Ninth Circuit
Decided December 1, 2008No. 07-50462PublishedCited by 12 opinions
1Opinion of the Court
ORDER
The United States appeals the sentence imposed following Augustine Garcia Murillo’s guilty plea to being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326. The district court imposed a suspended sentence and then placed the defendant on probation for five years with a condition that he spend twelve months in custody during the probationary period. We reverse the district court and vacate the sentence.
Under our current sentencing scheme, district courts do not have the power to suspend the imposition of a sentence. U.S. SENTENCING GUIDELINES…
2Cases cited3 opinions
- Rhoades v. Avon Products, Inc.Court of Appeals for the Ninth Circuit · 2007
- UNITED STATES of America, Plaintiff-Appellee, v. Suzanne FORBES, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1999
- United States v. Stephen Remy MuellerCourt of Appeals for the Ninth Circuit · 2006
3Cited by12 opinions
- In Re Complaint of Judicial MisconductUnited States Judicial Conference Committee · 2010
- United States v. McGowanCourt of Appeals for the Ninth Circuit · 2009
- Grabek v. Northrop Grumman Corp.Court of Appeals for the Ninth Circuit · 2009
- Grabek v. Northrop Grumman Corp.Court of Appeals for the Ninth Circuit · 2009
- United States v. Chihuahua-MartinezCourt of Appeals for the Ninth Circuit · 2008
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