Another Ninth Circuit victory for Warren & Burstein
On March 21, 2014, in United States v. Montes-Ruiz, --- F.3d ---, Case No. No. 12-50398 (9th Cir. 2014), the United States Court of Appeals for the Ninth Circuit issued a published opinion ruling in favor of our client and vacating his sentence. Mr. Burstein briefed and argued the case.
In Montes-Ruiz, the Ninth Circuit answered a question left open by the Supreme Court’s recent decision in Setser v. United States, 132 S. Ct. 1463, 1473 (2012) – whether one federal district court judge can order his or her sentence to run consecutively to an anticipated, but not-yet-imposed, federal sentence in a separate case before a different judge. Mr. Burstein argued the answer was no. The Ninth Circuit agreed.
The well know Ninth Circuit Blog recently selected this decision as its case of the week.