Two Ninth Circuit victories for Warren & Burstein!
On May 17, 2016, the Ninth Circuit issued a published opinion in United States v. Quintero-Leyva, --- F.3d ---, Case No. 14-50509 (9th Cir. 2016). The Court of Appeals granted our request to vacate our client’s sentence and ordered a new sentencing hearing.
The case concerned the minor-role provision of the sentencing Guidelines, one of the most important provisions for criminal defendants. The Court of Appeals agreed with our arguments that the new amendment to the minor role provision is retroactive and that district courts must consider all of the enumerated factors in deciding whether to grant or deny the minor-role reduction.
On May 5, 2016, the Ninth Circuit issued a decision for our client in United States v. McKany, --- Fed. App’x ---, Case No. 14-50483 (9th Cir. 2016). We handled this appeal along with renowned attorney Eugene Iredale, who argued the matter.
The Court agreed with our argument that, when agents questioned our client at his home, he was in custody. Therefore, the agents’ failure to provide Miranda warnings violated his rights. As a result, our client’s statements should have been suppressed.