Unpublished Disposition, 935 F.2d 277 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 935 F.2d 277 (9th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,v.Nolberto VASQUEZ, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Nolberto VASQUEZ, Defendant-Appellant.

Nos. 90-50326, 90-50376.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Feb. 6, 1991.Decided June 5, 1991.

Before PREGERSON, BEEZER and KOZINSKI, Circuit Judges.


MEMORANDUM* 

Under the dicta in United States v. Hidalgo, No. 89-50457, slip op. 5811 (9th Cir. May 8, 1991), defendant's 1973 conviction should not have been considered in determining his sentence because it was expunged under the Youth Corrections Act, 18 U.S.C. § 5021(b), repealed, Pub. L. No. 98-473 Sec. 235(a) (1) (A), 98 Stat. 2031 (1984). Hidalgo, slip op. at 5815-16. The 24-month consecutive term for jumping bail, however, does not violate the eighth amendment's prohibition against cruel and unusual punishment. It doesn't matter that Vasquez's grandmother was ill; a defendant is not entitled to decide when it is or is not appropriate to live up to his obligation to appear in court.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED FOR RESENTENCING.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3