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US v. Medina-Villa, No. 07-50396

Defendant's mail fraud sentence is affirmed where the District Court correctly held that it was precluded from considering evidence of Defendant's post-sentencing rehabilitation in determining whether it would have imposed the same sentence had it known the Sentencing Guidelines were advisory. (Amended opinion)

Read US v. Medina-Villa, No. 07-50396

Appellate Information

Argued and Submitted February 3, 2009

Filed May 28, 2009

Amended June 23, 2009


Before: Harry Pregerson, Susan P. Graber, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge Wardlaw


For Appellant:

Michelle D. Anderson, Law Offices of Michelle D. Anderson, San Diego, CA

For Appellee:

Karen P. Hewitt, United States Attorney, San Diego, CA