United States Ninth Circuit

Any deviation from the applicable advisory guidelines range will be viewed as an exercise of the district court's post-Booker discretion and reviewed only for reasonableness. A sentence for a violation of 18 U.S.C. section 844(e) involving a phony bomb threat is affirmed over a claim that his sentence violated due process and was unreasonable under Booker.

Appellate Information

• Argued 02/17/2006
• Decided 08/11/2006
• Published 08/11/2006

Judges

• BETTY B. FLETCHER, Circuit Judge., Before BETTY B. FLETCHER, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael Tanaka, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant., Erik M. Silber and Craig H. Missakian, Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellee.