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United States v. Ressam
538 F.3d 1166
9th Cir.
2008
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ORDER

The mandate of the United States Supreme Court having issued on Ahmed Res-sam’s appeal from his conviction for carrying an explosive during the commission of a felony in violation of 18 U.S.C. § 844(h)(2)(1994), United States v. Ressam, — U.S. -, 128 S.Ct. 1858, 170 L.Ed.2d 640 (2008), we must now reach the government’s challenge to the reasonableness of Ressam’s sentence. United States v. Carty, 520 F.3d 984 (9th Cir.2008) (en banc), was decided after sentence was imposed in this case and, among other things, Carty makes clear that all sentencing proceedings must begin by determining the applicable Guidelines range. Id. at 993. This was not done here. Accordingly, we vacate the sentence and remand for resen-tencing in accordance with Carty.

VACATED AND REMANDED.

Case Details

Case Name: United States v. Ressam
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 15, 2008
Citation: 538 F.3d 1166
Docket Number: 05-30422, 05-30441
Court Abbreviation: 9th Cir.
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