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No. 8656521
United States Court of Appeals for the Ninth Circuit
United States v. Batan
No. 8656521 · Decided March 25, 2008
No. 8656521·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 25, 2008
Citation
No. 8656521
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Lawrence Puzon Batan appeals from the 120-month sentence imposed following his *623 guilty-plea conviction for use of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924 (c)(1)(A), as enhanced by 18 U.S.C. § 924 (c)(l)(A)(iii). Batan contends that his Sixth Amendment rights were violated because the district court imposed a sentence higher than the maximum sentence authorized by facts he admitted or were found by a jury. This contention is foreclosed. See United States v. Dare, 425 F.3d 634, 635-36, 640-43 (9th Cir.2005) (holding that the statutory maximum for § 924(e) is life imprisonment and that the judge may find during sentencing that a defendant discharged a firearm by a preponderance of the evidence). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Lawrence Puzon Batan appeals from the 120-month sentence imposed following his *623 guilty-plea conviction for use of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C.
Key Points
01MEMORANDUM ** Lawrence Puzon Batan appeals from the 120-month sentence imposed following his *623 guilty-plea conviction for use of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C.
02Batan contends that his Sixth Amendment rights were violated because the district court imposed a sentence higher than the maximum sentence authorized by facts he admitted or were found by a jury.
03Dare, 425 F.3d 634, 635-36, 640-43 (9th Cir.2005) (holding that the statutory maximum for § 924(e) is life imprisonment and that the judge may find during sentencing that a defendant discharged a firearm by a preponderance of the evidence).
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Lawrence Puzon Batan appeals from the 120-month sentence imposed following his *623 guilty-plea conviction for use of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C.
FlawCheck shows no negative treatment for United States v. Batan in the current circuit citation data.
This case was decided on March 25, 2008.
Use the citation No. 8656521 and verify it against the official reporter before filing.