United States v. Griffey
United States v. Griffey
Opinion of the Court
MEMORANDUM
Darrel L. Griffey appeals his conviction and the sentence imposed following a jury trial on three counts of drug charges. Griffey contends that his statutory right to a speedy trial was violated and that his sentence should be vacated and remanded pursuant to United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
We reject Griffey’s contention that the district court’s January 2003 order granting co-defendant Merlin Brower’s motion for a continuance did not sufficiently weigh the necessary factors in determining that a continuance would serve the ends of justice.
With respect to Griffey’s challenge of his sentence, we cannot determine “whether the district court would have imposed a materially different sentence at the time of sentencing had it known that the Guidelines were advisory rather than mandatory.” United States v. Ameline, 409 F.3d 1073, 1083 (9th Cir. 2005) (en banc). Because we conclude that “it is not possible to reliably determine from the record” the answer to that question, “we will remand to the sentencing court to answer that question.” Id. at 1084.
AFFIRMED 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.
. At oral argument, Griffey conceded his claim that the district court erred in denying his motion for a new trial on the grounds of newly discovered evidence.
. Because the parties are familiar with the facts and the prior proceedings, we do not recite them here except as necessary to aid in understanding this disposition.
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