United States Ninth Circuit

District court's ratification upon remand of an original sentence for drug-related offenses is vacated and remanded where the district court erred in conducting a limited Ameline remand, because such a remand was ruled out by the circuit court's earlier decision that "there is a reasonable probability that [defendant] would have received a different sentence had the district judge known that the sentencing guidelines were advisory."

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

• BEA, Circuit Judge:, Before: FARRIS, CLIFTON, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John P. Rhodes, Esq., Assistant Federal Defender, Federal Defenders of Montana, Missoula, MT, for the defendant-appellant., Timothy J. Racicot, Assistant United States Attorney, Office of the United States Attorney, Missoula, MT, for the plaintiff-appellee.