Warren and Burstein end the year with a Ninth Circuit Victory
In United States v. Baden, --- F. App'x ---, Case No. 15-50427 (9th Cir. 2016), Jeremy Warren discovered an issue that everyone missed at sentencing (he was not the lawyer below). His client received a two-level sentencing enhancement for “theft from the person of another” under § 2B1.1(b)(3), which simply did not apply. Thus, even on plain-error review, the panel vacated the sentence.