USA V. LUCIO MEDINA-SUAREZ Docket: 20-50294, Opinion Date: April 1, 2022. Defendant was convicted of attempted illegal entry under 8 U.S.C. Sec. 1325(a). On appeal to the Ninth Circuit, Defendant claimed the district court erred in denying his request for a jury instruction on the lesser-included offense of misdemeanor attempted illegal entry. The Ninth Circuit reversed Defendant’s conviction. Under United States v. Arnt , 474 F.3d 1159 (9th Cir. 2007) A defendant is entitled

United States v. Jackson Docket: 19-10070, Opinion Date: February 3, 2022. Jackson violently attacked his girlfriend. The entire attack lasted six-seven minutes. Jackson was convicted of assault resulting in serious bodily injury, 18 U.S.C. 113(a)(6), and kidnapping, section 1201(a)(2). The Ninth Circuit reversed the kidnapping conviction. In kidnapping prosecutions under section 1201(a)(2), courts should consider the factors set forth in precedent to evaluate whether the cha

United States v. Ponce Docket: 21-30009, Opinion Date: January 11, 2022. Ponce pleaded guilty to the distribution of methamphetamine in 2015. He was sentenced to the mandatory minimum term of 60 months’ imprisonment plus 48 months of supervised release. While in custody, Ponce pursued his rehabilitation with diligence and graduated from the Bureau of Prison’s nine-month intensive Residential Drug Abuse Program. Ponce began his term of supervised release in August 2018. In Oct