U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

Racially Motivated Assault Conviction Affirmed, and Other Criminal Matter

In US v. Armstrong, No. 09-30395, the court affirmed defendant's sentence for participating in a racially motivated assault against an African American man, holding that 1) under U.S.S.G. section 3A1.1(a), the court acted properly in imposing the three-level enhancement at sentencing; and 2) the prosecution pointed to, and the district court relied on, specific and material instances of defendant's false testimony.

In US v. Wipf, No. 09-50291, the court affirmed defendant's sentence for possession with intent to distribute more than 100 grams of PCP, holding that the district court had no discretion to depart below the ten-year minimum sentence set forth by Congress, notwithstanding Kimbrough and Booker.

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