United States v. Hill
United States v. Hill
Opinion of the Court
ORDER
Appellant has filed a petition for panel rehearing. The petition for panel rehearing is granted; the memorandum disposition, filed on December 12, 2005, is withdrawn; and a revised memorandum disposition is filed in its place.
MEMORANDUM
David Michael Hill appeals the sentence imposed following his guilty plea to possession of child pornography in violation of 18 U.S.C. § 2252(a)(5)(B). Hill contends that this case should be remanded pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) because he was sentenced under the mandatory guidelines. The district court attempted to sentence Hill to a non-mandatory Guideline sentence when it sentenced Hill alternatively. To comply with the requirements of Booker, however, the district court “must have sufficiently considered the Guidelines as well as the other factors
Hill’s sentence is VACATED and this matter is REMANDED for resentencing.
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.