Diaz

United States v. Diaz

Bad Law

838 F.3d 968·2016 WL 5121765

United States Court of Appeals for the Ninth CircuitApril 20, 2016No. 10-50029, No. 10-50052, No. 10-50058, No. 10-50059, No. 10-50062, No. 10-50064, No. 10-50072, No. 10-50076, No. 10-50113, No. 10-50115California2,705 words

Opinion

Lead Opinion

Bybee, J.

ORDER

The court’s opinion filed April 20, 2016, appearing at 821 F.3d 1051 (9th Cir. 2016), is hereby amended. An amended opinion is filed herewith.

With this amended opinion, the panel has voted to deny the petitions for panel rehearing.

The full court has been advised of the petitions for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petitions for rehearing and the petitions for rehearing en banc, filed June 2, 2016, June 3, 2016 and July 1, 2016 are DENIED. No subsequent petitions for rehearing or rehearing en banc may be filed.

*971 OPINION

Jesse Vasquez was a mid-level leader in the Florencia Trece gang who was convicted of drug-related crimes for his part in the gang’s drug trafficking operations. The district court sentenced Vasquez to life imprisonment because his two prior California felonies qualified him for a mandatory sentence enhancement under 21 U.S.C. § 841 .

Four years after Vasquez’s sentencing, California adopted Proposition 47, which allowed California courts to reclassify certain felony convictions as misdemeanor convictions. Vasquez successfully petitioned a California court to…

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