United States v. Lemusu

U.S. Court of Appeals for the Ninth Circuit December 18, 2006

United States v. Lemusu, 212 F. App'x 671 (9th Cir. 2006)

Opinion of the Court

MEMORANDUM **

Herman Lemusu appeals from the 360-month sentence imposed after remand under United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Lemusu contends that his original base offense level was impermissibly increased by six points based on facts not found by a jury and therefore, the district court erred when it declined to re-sentence him on remand. This contention is foreclosed. See Ameline, 409 F.3d at 1077-78, 1084-85.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.

Reference

Full Case Name: UNITED STATES of America, Plaintiff—Appellee v. Herman LEMUSU, Defendant—Appellant
Status: Published