United States Ninth Circuit

Defendant's sentences for being a felon in possession of a firearm and an unlawful user of a controlled substance in possession of a firearm are remanded to determine whether the district court would have imposed a different sentence if it had known that the sentencing guidelines were advisory.

Appellate Information

• Argued 12/05/2005
• Decided 12/30/2005
• Published 12/30/2005

Judges

• BERZON, Circuit Judge., Before GOULD and BERZON, Circuit Judges, and SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Anthony R. Gallagher, Federal Defender and John Rhodes, Assistant Federal Defender, Missoula, MT, for the defendant-appellant., William W. Mercer, United States Attorney and Kris A. McLean, Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.