United States v. Sallis
Opinion of the Court
MEMORANDUM
Michael Sallis appeals the district court order reimposing his 180-month sentence for four violations of the Mann Act, 18 U.S.C. §§ 2421-2424. We have jurisdiction over Sallis’s late appeal because the government did not oppose the untimely filing. See Eberhart v. United States, 546 U.S. 12, 126 S.Ct. 403, 407, 163 L.Ed.2d 14 (2005) (per curiam).
This is Sallis’s third appeal. In United States v. Johnson, 44 Fed.Appx. 752 (9th Cir. 2002) (unpublished decision), we reversed several of Sallis’s counts of convic
In this appeal, Sallis argues that the district court erred by not first soliciting the parties’ written arguments. The Government agrees and acknowledges that, under United States v. Montgomery, 462 F.3d 1067, 1069 (9th Cir. 2006), we must remand for further proceedings. “[0]n Ameline remand a district court must obtain, or at least solicit, the views of counsel in writing before deciding whether re-sentencing is appropriate.” Id. Accordingly, we remand for further proceedings consistent with Ameline.
REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Michael SALLIS
- Status
- Published