United States v. Fidel Castro-Verdugo

Today the majority affirms an illegal sentence while acknowledging that “the sentence imposed was clearly erroneous,” Majority Op. at 1067, and offers no practical remedy to correct the wrong. I cannot concur in an opinion that upholds clear error, and therefore respectfully dissent.

There is no disagreement that the district court’s 2011 sentence of probation coupled with imprisonment was erroneous. This Court has held that such a sentence is illegal, as it exceeds the statutory authority granted by Congress. 18 U.S.C. § 3561(a)(3); United States v. Forbes, 172 F.3d 675, 676 (9th Cir.1999).…