United States Ninth Circuit

A criminal defendant has a right to be resentenced by his original sentencing judge on remand following Booker error.

Appellate Information

• Argued 01/13/2006
• Decided 07/27/2006
• Published 07/27/2006

Judges

• O'SCANNLAIN, Circuit Judge:, Before: O'SCANNLAIN, GRABER, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James C. Bartlett, Kalispell, MT, and Daniel Donovan, Thompson, Potts & Donovan, P.C., Great Falls, MT, argued the cause for the appellant and were on the briefs.


• For Appellees:
  
• Ellen R. Meltzer, United States Department of Justice, Fraud Section, Criminal Division, Washington, D.C., argued the cause for the appellee.   William W. Mercer, United States Attorney, District of Montana, Patrick M. Donley, and Nicola J. Mrazek, United States Department of Justice, Washington, D.C., were on the brief.