United States v. George
United States v. George
Opinion of the Court
MEMORANDUM
Appellant Randolph George was convicted in federal court for filing false tax returns and failure to file a return. After sentencing, he appealed to the Ninth Circuit challenging his conviction and sentence. The Ninth Circuit affirmed his conviction but remanded to the district court to review the sentence in accordance with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc). See United States v. George, 420 F.3d 991, 1002 (9th Cir. 2005). Under Ameline, the remand focuses on “whether the sentence imposed would have been materially different had the district court known that the [U.S. Sentencing] Guidelines were advisory.” Ameline, 409 F.3d at 1084. Judge Chesney concluded she would have imposed the same sentence. We hold that United States v. Combs, 470 F.3d 1294 (9th Cir. 2006), applies, and affirm.
Because Judge Chesney determined she would have imposed the same sentence after United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), our review is limited to “[w]hether the district judge properly understood the full scope of [her] discretion in a post-Booker world.” Combs, 470 F.3d at 1297. During
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Randolph GEORGE, Defendant—Appellant
- Cited By
- 1 case
- Status
- Published