United States v. Ressam

U.S. Court of Appeals for the Ninth Circuit
United States v. Ressam, 538 F.3d 1166 (9th Cir. 2008)
2008 U.S. App. LEXIS 17422; 2008 WL 3549513
Alarcón, Rymer, Berzon

United States v. Ressam

Opinion

ORDER

The mandate of the United States Supreme Court having issued on Ahmed Res-sam’s appeal from his conviction for carrying an explosive during the commission of a felony in violation of 18 U.S.C. § 844(h)(2)(1994), United States v. Ressam, — U.S. -, 128 S.Ct. 1858, 170 L.Ed.2d 640 (2008), we must now reach the government’s challenge to the reasonableness of Ressam’s sentence. United States v. Carty, 520 F.3d 984 (9th Cir. 2008) (en banc), was decided after sentence was imposed in this case and, among other things, Carty makes clear that all sentencing proceedings must begin by determining the applicable Guidelines range. Id. at 993. This was not done here. Accordingly, we vacate the sentence and remand for resen-tencing in accordance with Carty.

VACATED AND REMANDED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellant, v. Ahmed RESSAM, Also Known as Benni Antoine Noris, Defendant-Appellee; United States of America, Plaintiff-Appellee, v. Ahmed Ressam, Also Known as Benni Antoine Noris, Defendant-Appellant
Cited By
8 cases
Status
Published