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

United States v. Garcia

U.S. Court of Appeals for the Ninth Circuit · Decided June 30, 2005 · Callahan, Kleinfeld, Oakes

137 F. App'x 979

Counsel

Jessica D. Silver, U.S. Department of Justice Civil Div., Washington, DC, for United States of America and Edward Michael Powers., Gregory B. Friel, DOJ — U.S. Department of Justice Civil Rights Division/Appellate, Section, Washington, DC, for Jose Ramon Garcia and Edward Michael Powers., Matthew B. Pavone, Novato, CA, for Jose Ramon Garcia., Jeff Cole, Hannah Horsley, USSF — Office of the U.S. Attorney, San Francisco, CA, for United States of America., Dennis P. Riordan, Riordan and Horgan, San Francisco, CA, for Edward Michael Powers.

Opinion of the Court

ORDER

We remand the sentences imposed in these cases to the district court, without vacating the sentences, to follow the procedure established in the en banc decision of United States v. Ameline1 and to consider whether the sentences would have been materially different in light of United States v. Booker,2

Defendants’ motion to file a second petition for rehearing is GRANTED, and the second petition for rehearing, and the request for stay of mandate is DENIED as moot.

Defendants’ sentences are REMANDED.

. United States v. Ameline, 409 F.3d 1073, -, slip op. at 6345 (9th Cir. 2005) (en banc).

. United States v. Booker, - U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

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