Criminal Defense of Immigrants


§ 11.73 (D)

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(D)  Brady error at sentence.[432]  If a sentence was based on a mistaken view of the evidence which was brought about by a police or prosecution due process violation, the sentence is constitutionally invalid.[433]

[432] Brady v. Maryland, 373 U.S. 83 (1963).

[433] Sanchez v. United States, 50 F.3d 1448 (9th Cir. 1995).