U.S. Court of Appeals for the Ninth Circuit, 2008

United States v. Murillo

U.S. Court of Appeals for the Ninth Circuit · Decided December 1, 2008 · Rymer, Smith, Korman

548 F.3d 1256; 2008 U.S. App. LEXIS 24304; 2008 WL 5049914 (Federal Reporter, Third Series)

Counsel

Thomas C. O’Brian, United States Attorney, and Christine C. Ewell, Anne M. Voights, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant., Sean K. Kennedy, Federal Public Defender, and Richard D. Goldman, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellee.

Cases that cite this one

12 later published cases cite this decision.

United States v. Ortmann (9th Cir. 2009)
United States v. Ortmann (9th Cir. 2009)
United States v. Inzuna (9th Cir. 2009)
United States v. Inzuna (9th Cir. 2009)
United States v. Cortez (9th Cir. 2009)
United States v. Cortez (9th Cir. 2009)
In re Complaint of Judicial Misconduct (U.S. Judicial Conference Committee 2010)
United States v. McGowan (9th Cir. 2009)
United States v. McGowan (9th Cir. 2009)
Grabek v. Northrop Grumman Corp. (9th Cir. 2009)
Grabek v. Northrop Grumman Corp. (9th Cir. 2009)
United States v. Chihuahua-Martinez (9th Cir. 2008)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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 *1257 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 MANUal, Ch. 7, Part A, § 2(a) (2007). See also United States v. Mueller, 463 F.3d 887, 889 (9th Cir. 2006). Further, a district court may not impose a constant period of imprisonment as a condition of probation. United States v. Forbes, 172 F.3d 675, 676 (9th Cir. 1999). Under the circumstances, we reverse the district court, vacate the sentence, see id., and direct that on remand the case be reassigned to a different district judge for resentencing. See Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1165-66 (9th Cir. 2007).

REVERSED; SENTENCE VACATED; AND REMANDED FOR RESEN-TENCING BY A DIFFERENT DISTRICT JUDGE.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.