United States Ninth Circuit

A sentence imposed following a guilty plea to a charge of assault resulting in serious bodily injury is affirmed over defendant's claims of error regarding: 1) the district court's failure to comply with a mandate upon remand, 2) prior law of the case, 3) Booker error, 4) reasonableness, and 5) vindictiveness with regard to sentencing.

Appellate Information

• Argued 12/06/2005
• Decided 02/22/2006
• Published 02/22/2006

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David F. Ness, Assistant Federal Defender, Federal Defenders of Montana, Great Falls, MT, for the defendant-appellant., Joseph E. Thaggard, Assistant U.S. Attorney, U.S. Attorney's Office, Great Falls, MT, for the plaintiff-appellee.