U.S. Court of Appeals for the Ninth Circuit, 2009

United States v. Manley

United States v. Manley
U.S. Court of Appeals for the Ninth Circuit · Decided April 29, 2009 · Bea, Gould, Graber
324 F. App'x 667

United States v. Manley

Opinion of the Court

MEMORANDUM **

Jessica Lynn Manley appeals from the 12-month sentence imposed following revocation of probation. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand.

Manley contends that the district court erred by failing to consider the applicable Guidelines range at sentencing. We agree. In light of this “significant procedural error,” see Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007), we must vacate and remand for resentencing.

Because we vacate and remand, we decline to reach Manley’s additional contentions.

VACATED and REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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