Skip to content
Version 1.0.0
Sentencing Law and Policy
Part of the Law Professor Blogs Network

Busy day in the Ninth Circuit

By Douglas Berman

The Ninth Circuit today issued these three opinion of note for sentencing fans (though technically one of the cases involves only a non-sentencing constitutional issue):

  • US v. Gomez-Leon, No. 05-50138 (9th Cir. Sept. 24, 2008) (available here) (discussing at great length what qualifies as a “crime of violence” to make guideline enhancement applicable)
  • US v. Vega, No. 07-50245 (9th Cir. Sept. 24, 2008) (available here) (rejecting challenges to conditions of supervised release (including one that prohibited any alcohol for three years!))
  • US v. McCalla, No. 07-50245 (9th Cir. Sept. 24, 2008) (available here) (rejecting Commerce Clause challenge to federal prosecution based on “locally produced” child porn).