October 24, 2007 Ninth Circuit Opinion
Note - There were no 9th Circuit decisions on Oct. 23.
On Oct. 24, 2007, the Ninth Circuit issued one published decision:
In U.S. v. Salazar-Lopez, the Ninth Circuit held that an Apprendi error occurred in the defendant’s trial for having been found present in the U.S. following removal, as Defendant’s indictment had not included an allegation that he had been removed following a felony conviction. While such allegation and proof is not needed for the conviction, it is required to apply certain enhanced sentencing. However, the error was harmless, as the record supporting the fact of removal after the conviction was “overwhelming and uncontroverted.”
