In United States v. Graves, No. 22-50289 (9th Cir. 2024), Warren and Burstein won its second appeal of 2024 in the Ninth Circuit. This is also our second appellate victory for Mr. Graves.
The first time, after trial, the Ninth Circuit vacated his life sentence. See United States v. Graves, 925 F.3d 1036 (9th Cir. 2019).
After resentencing to a lesser term, we appealed again. The Ninth vacated the sentence again, finding the district court plainly erred in determining the mandatory minimum.
Mr. Burstein argued the case. The argument is available below.