United States v. Normand
United States v. Normand
Opinion of the Court
MEMORANDUM
Following a remand for resentencing, Kenneth Lee Normand appeals his 235-month sentence for two counts of attempted manufacture of methamphetamine, in violation of 21 U.S.C. § 841(a)(1); physical interference with a search, in violation of 18 U.S.C. § 2232(a); and witness-tampering, in violation of 18 U.S.C. § 1512(b). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291,
Normand contends that the district court erred by finding that it lacked the authority to depart downward based on post-sentencing rehabilitation. Because Normand did not object in the district court, we review for plain error. See United States v. Castillo-Casiano, 198 F.3d 787, 789 (9th Cir. 1999), as amended, 204 F.3d 1257 (9th Cir. 2000).
At the time of resentencing, United States Sentencing Guidelines § 5K2.19 (2000) precluded departures based on post-sentencing rehabilitation. This was a change from the prior Guidelines as construed by United States v. Green, 152 F.3d 1202, 1207 (9th Cir. 1998)
VACATED and REMANDED for resentening.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. Because the district court advised Normand that he had the right to appeal, the appeal waiver contained in the resentencing agreement is not enforceable, and we have jurisdiction. See United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir. 1995).
Reference
- Full Case Name
- United States v. Kenneth Lee NORMAND
- Cited By
- 2 cases
- Status
- Published