U.S. Court of Appeals for the Ninth Circuit, 2005

United States v. Mejia-Pimental

United States v. Mejia-Pimental
U.S. Court of Appeals for the Ninth Circuit · Decided February 22, 2005 · Fernandez, Gould, Graber
122 F. App'x 382

United States v. Mejia-Pimental

Opinion of the Court

*383MEMORANDUM **

Brijido Mejia-Pimental was convicted under 21 U.S.C. §§ 841, 846, and 18 U.S.C. § 2 and appeals his sentence of 210-months. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Appellant’s motion for permission to file a second supplemental brief is granted. The clerk shall file the brief received on January 24, 2005.

We vacate the sentence and remand for resentencing in light of United States v. Booker, — U.S. -, -, 125 S.Ct. 738, 769, 160 L.Ed.2d 621 (2005) and United States v. Ameline, 400 F.3d 646, No. 02-30326, 2005 WL 350811 (9th Cir. 2005).

VACATED and REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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