United States Ninth Circuit

Defendant's sentence for theft from a local government receiving federal funding is vacated, where the District Court, upon a previous remand, failed to consider the potential mitigating factors identified by the Court of Appeals.

Appellate Information

• Decided 04/02/2009
• Published 04/02/2009

Judges

• Before STEPHEN REINHARDT, CYNTHIA HOLCOMB HALL and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Carl E. Rostad, Assistant U.S., Office of the U.S. Attorney, Great Falls, MT, for Plaintiff-Appellee., Michael Donahoe, Esquire, Assistant Federal Public Defender, Federal Defenders of Montana, Helena Branch Office, Helena, MT, for Defendant-Appellant.