Fernandez

United States v. Fernandez

Caution
388 F.3d 1199·2004 WL 2399856
United States Court of Appeals for the Ninth CircuitOctober 27, 2004Nos. 01-50082, 01-50162, 01-50088, 01-50373, 01-50126, 01-50513California26,140 words

Opinion

Lead Opinion

Fletcher, J.

Appellants Frank Fernandez (“Fernandez”), Roy Gavaldon (“Gavaldon”), David Gonzales-Contreras (“Contreras”), Dominick Gonzales (“Gonzales”), Jimmy Sanchez (“Sanchez”), and Suzanne Schoenberg-Sanchez (“Schoenberg”) (collectively “Appellants”) were convicted on a variety of RICO and drug-trafficking charges relating to their participation in or involvement with the Mexican Mafia or “the Erne.” They appeal their convictions on numerous grounds. Four of the Appellants also raise challenges to their sentences. We affirm the convictions of all six defendants; affirm the sentences of Fernandez, Gaval-don and Schoenberg; and remand for re-sentencing in the cases of Contreras, Gonzales, and Sanchez. We will, however, stay the issuance of the mandate as to all appellants except Sanchez pending the Supreme Court’s resolution' of the impact of Blakely v. Washington, — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), on the federal sentencing guidelines.

The district court had jurisdiction over these cases pursuant to 18 U.S.C. § 3231 . We have jurisdiction over the consolidated appeals pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). All Appellants filed timely notices of appeal.…

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