United States v. Goble
Opinion of the Court
MEMORANDUM
Mark Joseph Goble appeals his resentencing on remand from a prior appeal from his jury-trial conviction for manufacturing methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291.
Goble is, however, entitled to remand pursuant to United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc). Although we would normally grant a limited remand pursuant to Ameline, we vacate the original sentence and remand for a full resentencing hearing because the district court judge in this case is no longer available. See United States v. Sanders, 421 F.3d 1044, 1051-52 (9th Cir. 2005). If Goble does not want to pursue resentencing, he should promptly notify the district court judge on remand. See Ameline, 409 F.3d at 1084.
AFFIRMED in part and VACATED and 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 9th Cir. R. 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Mark Joseph GOBLE, aka Mark James Goble, Defendant—Appellant
- Status
- Published