United States v. Ogburn
United States v. Ogburn
Opinion of the Court
MEMORANDUM
John Meade Ogburn appeals from his jury trial conviction and the 260-month sentence imposed for conspiracy to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, with his sentence enhanced pursuant to 21 U.S.C. § 851. We have jurisdiction pursuant to 28 U.S.C. § 1291.
Ogburn contends that the district court erred in rejecting his Federal Rule of Criminal Procedure 29 motion for acquittal. Specifically, he challenges the sufficiency of the evidence supporting his
Because Ogburn was sentenced under the then-mandatory Sentencing Guidelines, and because 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) (extending Ameline’s limited remand procedure to cases involving nonconstitutional error).
CONVICTION AFFIRMED; SENTENCE 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.