Latest Case: United States v. Baldon (Criminal Law)

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United States v. Baldon

Docket: 18-10411

Opinion Date: April 21, 2020

Judge: Bennett

Areas of Law: Criminal Law

After defendant pleaded guilty to possession with intent to distribute a controlled substance, the district court sentenced him to 184 months in prison. The Ninth Circuit held that defendant's prior convictions for carjacking under section 215 of the California Penal Code are not categorical crimes of violence under USSG 4A1.1(e). Therefore, the district court incorrectly calculated defendant's criminal history by improperly including two points for his prior carjacking convictions. However, the panel held that the district court did not err in finding that defendant possessed a firearm under USSG 2D1.1(b)(1). Accordingly, the panel affirmed in part, vacated in part, and remanded for resentencing.