United States v. Guzman-Ozuna

U.S. Court of Appeals for the Ninth Circuit December 12, 2005

United States v. Guzman-Ozuna, 155 F. App'x 376 (9th Cir. 2005)

Opinion of the Court

MEMORANDUM **

Gabriel Guzman-Ozuna appeals from the 47-month sentence imposed following his guilty plea conviction for possession with intent to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). We have jurisdiction pursuant to 28 U.S.C. § 1291.

Because Guzman-Ozuna was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially different had the district court known that *377the Guidelines were advisory, we remand to the sentencing judge to proceed pursuant to United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc). See United States v. Moreno-Hernandez, 419 F.3d 906, 915-16 (9th Cir. 2005) (extending Ameline’s limited remand procedure to cases involving non-constitutional error).

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 9th Cir. R. 36-3.

Reference

Full Case Name: UNITED STATES of America, Plaintiff—Appellee v. Gabriel GUZMAN-OZUNA, Defendant—Appellant
Status: Published