Case Information
*1 Case 1:03-cr-00080-RFC Document 465 Filed 08/24/06 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION UNITED STATES OF AMERICA , ) Cause No. CR-03-80-BLG-RFC
)
Plaintiff, )
) v. ) O R D E R
)
HORACE LITTLESUN , )
)
Defendant. )
____________________________________)
This Court sentenced Defendant to a term of 33 months imprisonment in July of 2004. This sentence was rendered pursuant to the United States Sentencing Guidelines, which at the time were mandatory. Subsequently, the United States Supreme Court has held that the Federal Sentencing Guidelines are advisory. United States v. Booker , 125 S.Ct. 738, 764 (2005). On May 15, 2006, the Ninth Circuit remanded Defendant’s sentence for reconsideration in light of Booker and Ameline .
Pursuant to United States v. Ameline , 409 F.3d 1073 (9th Cir. 2005), this Court must determine “whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory.” Id . at 1084-85.
1
Case 1:03-cr-00080-RFC Document 465 Filed 08/24/06 Page 2 of 2 In this instance, after reviewing the record, the Court answers the question in the negative- -Defendant Littlesun’s sentence would not have been materially different had it known that the Guidelines were advisory.
Under United States v. Mix , ____ F.3d ____, 2006 WL 2268636 (9th Cir. 2006) (as amended), this Court is required, in fashioning a reasonable sentence to conduct parallel analysis – first employing the Guidelines, and then considering the non-guideline sentencing factors under § 3553(a). Pursuant to this directive, the Court concludes that the Guidelines, under the facts and circumstances of this particular case, do adequately take account of the § 3553(a) sentencing factors. Therefore, the Court determines that resentencing Defendant Littlesun is unwarranted as his sentence would not materially differ under the advisory guideline regime.
DATED this 24th day of August, 2006.
_/s/ Richard F. Cebull________________ RICHARD F. CEBULL U.S. DISTRICT JUDGE cc:
Larry Jent
AUSA Marcia Hurd
Probation
2