US v. Alba-Flores, No. 08-50135

Defendant's drug importation sentence is affirmed where defendant's prior California convictions were not expunged for purposes of the Sentencing Guidelines, because under California law the convictions in question could still be used at a later time in a variety of circumstances.

Read US v. Alba-Flores, No. 08-50135

Appellate Information

Argued and Submitted July 7, 2009

Filed August 18, 2009

Judges

Opinion by Judge Fernandez

Dissent by Judge Kozinski

Counsel

For Appellant

Roseline D. Feral, San Diego, CA

For Appellee:

Joseph J.M. Orabona, U.S. Attorney's Office, San Diego, CA