United States v. Jose Gonzalez-Gutierrez

Good Law
70 F.3d 1280·1995 WL 691936·1995 U.S. App. LEXIS 39468
United States Court of Appeals for the Ninth CircuitNovember 17, 199595-10082California364 words

Opinion

Opinion

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jose GONZALEZ-GUTIERREZ, Defendant-Appellant. No. 95-10082. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1995. * Decided Nov. 17, 1995. MEMORANDUM ** Before: CHOY, WIGGINS, and LEAVY, Circuit Judges. 1 Jose de Jesus Gonzalez-Gutierrez ("defendant") contends the district court erred in revoking his supervised release because the government failed to prove he knew the conditions of his release, and his crime causing revocation was a prior immigration felony, which is excluded under a provision in the sentencing guidelines. We affirm. 2 A court may impute notice and knowledge of conditions when their violation entails a criminal act. United States v. Laughlin, 933 F.2d 786, 790 (9th Cir.1991). Furthermore, the government has no obligation to warn deported persons of the precise penalties which might attach if they reenter the country or commit a…

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