United States v. Antonio Rodriguez-Preciado, AKA Tony Rodriguez-Preciado, 416 F.3d 939

ORDER

The court’s majority opinion filed March 4, 2005, slip op. 2539, and appearing at 399 F.3d 1118 (9th Cir.2005), is hereby amended as follows:

1. On page 2544, line 9, replace “We affirm.” with “We affirm, but issue a limited remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).”

2. On page 2562, line 3, delete “AFFIRMED” and add a new Section V reading as follows:

We now address the impact of the recent en banc decision in United States v. Ame line, 409 F.3d 1073 (9th Cir.2005) (en banc) on this case. Because we cannot “reliably determine from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory, we will remand to the sentencing court to answer that question.” Id. at 1084. The mandate shall issue forthwith.

AFFIRMED IN PART, REMANDED IN PART.

Case Details

Case Name: United States v. Antonio Rodriguez-Preciado, AKA Tony Rodriguez-Preciado

Court Name: Court of Appeals for the Ninth Circuit

Date Published: Jul 29, 2005

Citations: 416 F.3d 939; 2005 U.S. App. LEXIS 15597; 2005 WL 1792061; 03-30285

Docket Number: 03-30285

Court Abbreviation: 9th Cir.