No published criminal decisions today gives me time to share some good news about a case I won this morning in a memorandum.
The case is United States v. Graves, No. 22-50289 (9th Cir. 2024). This is my second appellate victory for Mr. Graves.The first time, after trial, the Ninth Circuit vacated his life sentence. See United States v. Graves, 925 F.3d 1036 (9th Cir. 2019). On remand, he got 25 years.
We appealed again and I argued it last month. The Ninth vacated the sentence again, finding the district court plainly erred in determining the mandatory minimum.
There is helpful language in the decision for plain error sentencing appeals.
The memorandum also discusses the statutory maximum for state offenses under the old California sentencing regime, pre-Cunningham.
Great way to start the week.
