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

United States v. Wynn

U.S. Court of Appeals for the Ninth Circuit · Decided August 4, 2005 · Bea, Callahan, Scannlain

140 F. App'x 685

Counsel

Aaron N. Lucoff, Esq., Office of the U.S. Attorney, Boise, ID, for Plaintiff-Appellee., Bob E. Pangburn, Esq., Caldwell, ID, for Defendant-Appellant., Appeal from the United States District Court for the District of Idaho, Edward J. Lodge, District Judge, Presiding. D.C. No. CR-03-00159-EJL.

Opinion of the Court

MEMORANDUM **

Rex Boyd Wynn appeals his 192-month sentence following his guilty plea to distribution of methamphetamine in violation of 21 U.S.C. § 841(a)(1). We cannot determine from the record whether the district court would have imposed a materially different sentence if it had known that the Sentencing Guidelines were advisory rather than mandatory. Therefore, under *686United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc) and United States v. Moreno-Hernandez, 397 F.3d 1248, 1255 n. 8 (9th Cir. 2005), amended by No. 03-30387, slip. op. 7773, 7794-95, 2005 WL 1560269 (9th Cir. July 5, 2005), we remand for the limited purpose of making that determination.

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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