Perez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 7 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1993 D.C. No. 2:07-cr-01172-DDP-32 Plaintiff-Appellee,

v.

MEMORANDUM*

JAVIER PEREZ,

Defendant-Appellant.

On Appeal from the United States District Court for the Central District of California Hon. Dean D. Pregerson, Presiding

Argued and Submitted January 17, 2025 Pasadena, California

Before: BERZON, TALLMAN, and R. NELSON, Circuit Judges. Dissent by Judge BERZON.

This case returns to us following a prior remand. See United States v. Perez,

962 F.3d 420, 446–47, 455 (9th Cir. 2020). Defendant-Appellant Javier Perez

appeals his life sentence for RICO conspiracy, VICAR murder conspiracy, VICAR

kidnapping conspiracy, and conspiracy to kidnap convictions based on a gang-

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. related kidnapping and attempted murder of a hitman who had previously murdered

an innocent 21-day old bystander to another attempted murder.

The…