In finding a sentencing enhancement under the relevant federal scheme to be true, it is not error to rely on the state of California abstract of judgment to determine the length of sentence imposed. The appellate court ruled that existence of the enhancement required proof of length of a prison term, a discrete fact, and that the abstract unequivocally contained the needed information. (Compare U.S. v. Navidad Marcos (9th Cir. 2004) 367 F.3d 903, where the district court was prohibited from relying on the abstract to determine the nature of a prior conviction.)
Case Summaries