Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

UNITED STATES of America, Plaintiff-Appellee, v. Antonio RODRIGUEZ-PRECIADO, aka Tony Rodriguez-Preciado, Defendant-Appellant.

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. Ameline, 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.

Use AI to get other relevant cases.

Comments

U.S. v. RODRIGUEZ-PRECIADO
(Jul 29, 2005)