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defendantappealhearingfelony
defendantappealfelony

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Moreno-Hernandez; U.S. v.

Facts

The defendant, Moreno-Hernandez, challenged the applicability of a federal sentencing enhancement based on a prior conviction in Oregon. At the time of his conviction, the statutory maximum for the offense was greater than one year, and Oregon law did not preclude the imposition of a sentence exceeding one year. The court found that the defendant's argument was essentially a collateral attack on his original conviction, which could not be considered in the context of a sentencing enhancement.

At the time of defendant's prior conviction, the statutory maximum for his offense was greater than one year, and Oregon law did not necessarily preclude the imposition of an actual sentence of more than one year.

Issue

Whether the district court properly determined that Moreno-Hernandez's prior Oregon conviction constituted a 'felony' for federal sentencing purposes, and whether the court should grant a limited remand based on unpreserved Booker error.

Whether the district court properly determined that Moreno-Hernandez's prior Oregon conviction constituted a 'felony' for federal sentencing purposes, and whether the court should grant a limited remand based on unpreserved Booker error.

Rule

For purposes of determining whether a predicate offense constitutes a 'felony' for federal sentencing, the court is concerned only with the maximum possible sentence at the time of the prior conviction.

For purposes of ascertaining whether a predicate offense constitutes a 'felony' for federal sentencing purposes, we are concerned only with the maximum possible sentence at that time.

Analysis

The court applied the rule by examining the statutory maximum sentence for Moreno-Hernandez's prior conviction, which was greater than one year. The court rejected the defendant's Blakely-based challenge, stating that it was a collateral attack on his original conviction and could not be considered in the context of a sentencing enhancement. The court concluded that a limited remand was appropriate for all pending direct criminal appeals involving unpreserved Booker error.

We therefore reject Moreno-Hernandez's Blakely -based challenge to the district court's determination that his Oregon state conviction was a 'felony.'

Conclusion

The court amended its prior opinion, denied the petition for panel rehearing, and denied the petition for rehearing en banc. The court granted a limited remand of Moreno-Hernandez's sentence in accordance with Ameline.

We must, however, consider what effect the recent decision in United States v. Ameline , 409 F.3d 1073, 2005 WL 1291977 (9th Cir. 2005) (en banc) has on this appeal.

Who won?

The United States prevailed in the case as the court upheld the district court's determination regarding the felony status of the prior conviction and granted a limited remand rather than a complete reversal.

The United States prevailed in the case as the court upheld the district court's determination regarding the felony status of the prior conviction and granted a limited remand rather than a complete reversal.

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