U.S. Court of Appeals for the Ninth Circuit, 2006

United States v. Roalsen

United States v. Roalsen
U.S. Court of Appeals for the Ninth Circuit · Decided January 19, 2006 · Hug, Scannlain, Silverman
163 F. App'x 596

United States v. Roalsen

Opinion of the Court

MEMORANDUM**

Jonathan David Roalsen appeals his 37-month sentence following a guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291.

Because appellant 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 the Guidelines were advisory, we remand the sentence for further proceedings consistent with 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, 916 (9th Cir. 2005).

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.

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