United States Ninth Circuit

A district court's determination, made during the course of an Ameline remand, that it would have imposed the same sentence under an advisory Guidelines system is not subject to full-blown Booker reasonableness review, but instead is reviewed only as to whether the district judge properly understood the full scope of his discretion in a post-Booker world. Also, Ameline's limited remand procedure leaves no room for a district judge to consider new objections to the original sentence, which could have been raised earlier, if the district judge decides he would not have given the defendant a materially different sentence under an advisory Guidelines system.

Appellate Information

• Argued 07/26/2006
• Decided 12/18/2006
• Published 12/18/2006

Judges

• KOZINSKI, Circuit Judge:, Before: KOZINSKI, BERZON and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Lance C. Wells, Law Offices of Lance C. Wells, P.C., Anchorage, AK, for the defendant-appellant., Deborah M. Smith, Acting United States Attorney for the District of Alaska, Anchorage, AK;  Jo Ann Farrington, Assistant United States Attorney, Anchorage, AK, for the plaintiff-appellee.