Warren & Burstein Win in the Ninth Circuit Court of Appeals, vacating a 20-year sentence.
In a published opinion, United States v. Ocampo-Estrada, --- F.3d ---, No. 15-50471 (9th Cir. 2017), the Ninth Circuit vacated our client's 20-year sentence in a drug conspiracy case.
The sentence was imposed as a mandatory minimum, because the prosecution alleged our client had a prior drug conviction that doubled his term from 10 to 20 years.
The Ninth Circuit Court of Appeals agreed with our arguments that the government failed to prove our client had a qualifying prior conviction. Thus, the Court sent the case back to the trial court for a new sentencing hearing, during which our client will no longer face a 20-year mandatory sentence.
Devin Burstein drafted the briefs and argued the case. A video of the argument is below.