U.S. Court of Appeals for the Ninth Circuit, 2008

United States v. Ressam

United States v. Ressam
U.S. Court of Appeals for the Ninth Circuit · Decided August 15, 2008 · Alarcón, Rymer, Berzon
538 F.3d 1166; 2008 U.S. App. LEXIS 17422; 2008 WL 3549513 (Federal Reporter, Third Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.