United States Ninth Circuit

In the context of pre-Booker sentences in a matter arising from a district court judge's sua sponte request of the Circuit Court to recall its mandate based on the existence of extraordinary circumstances, the court recalls its mandate and vacates defendants' sentences for drug-related offenses based on: 1) the sentencing judge's expressed reservations at the time of sentencing about the sentence required under the mandatory Guidelines; and 2) the judge's impassioned plea to the court.

Appellate Information

• Argued 08/14/2006
• Decided 12/13/2006
• Published 12/13/2006

Judges

• Before:  HARRY PREGERSON, JOHN T. NOONAN, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Russell V. Leonard, Assistant Federal Public Defender, Tacoma, WA, for petitioner-appellant Robert Charles Tillitz., Carol A. Elewski, Tumwater, WA, for petitioner-appellant Craig Anthony Carrington.


• For Appellees:
  
• Helen J. Brunner, Assistant United States Attorney, Seattle, WA, for the respondent-appellee.