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Notable common-law discussion in Ninth Circuit alien-smuggling sentencing reversal

By Douglas A. Berman

I am gearing up for teaching Criminal Law to first-year students starting next week, and a new Ninth Circuit sentencing decision handed down today is helping me get in the mood.  Specifically, in US v. Pineda-Doval, No. 08-10240 (9th Cir. Aug. 10, 2010) (available here), the meaning of the old common-law classic "malice aforethought" is at issue in the sentencing part of the appeal.  Here is the basic issue as explained in parts of the panel's opinion: Adan Pineda-Doval was convicted, after a seven-day jury trial, on ten counts of transportation of illegal aliens resulting in death, 8 U.S.C. § 1324(a)(1)(A)(ii), (a)(1)(B)(iv). The district court sentenced him to a term of life imprisonment on each count, sentences to be served concurrently...continue to full post

Full post as published by Sentencing Law and Policy on August 10, 2010 (boomark / email).