United States v. Ocampo
United States v. Ocampo
Opinion of the Court
MEMORANDUM
We have held in numerous border cases that routine handcuffing of a detainee as a safety precaution while escorting him to
Ocampo challenges the model grand jury instructions because they admonish the grand jury not to consider the “wisdom of the criminal laws” or to be “concerned about punishment.” The outcome is directly controlled by our recent en banc decision in United States v. Navarro-Vargas, 408 F.3d 1184 (9th Cir. 2005) (en banc). For the same reasons, “the provisions of the model grand jury instructions challenged here are constitutional.” Id. at 1208.
Pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), we “remand to the district court ... for the [limited] purpose of ascertaining whether the sentence imposed would have been materially different had the district court known that the sentencing guidelines were advisory.” Id. at 1074; United States v. Moreno-Hernandez, 397 F.3d 1248 (9th Cir. 2005), amended by — F.3d -, ---, No. 03-30387, slip op. 7773, 7793-94 (9th Cir. July 5, 2005). On remand, the district judge shall give Ocampo an opportunity to opt out of resentencing if he is no longer interested in pursuing it. See Ameline, 409 F.3d at 1084.
AFFIRMED IN PART; REMANDED IN PART.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.