United States v. Antonio Rodriguez-Preciado, AKA Tony Rodriguez-Preciado

416 F.3d 939, 2005 U.S. App. LEXIS 15597, 2005 WL 1792061

Opinion

ORDER

The court’s majority opinion filed March 4, 2005, slip op. 2539, and appearing at 399 F.3d 1118 (9th Cir.2005), is hereby amended as follows:

1. On page 2544, line 9, replace “We affirm.” with “We affirm, but issue a limited remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).”

2. On page 2562, line 3, delete “AFFIRMED” and add a new Section V reading as follows:

We now address the impact of the recent en banc decision in United States v. Ame line, 409 F.3d 1073 (9th Cir.2005) (en banc) on this case. Because we cannot “reliably determine from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory, we will remand to the sentencing court to answer that question.” Id. at 1084. The mandate shall issue forthwith.

AFFIRMED IN PART, REMANDED IN PART.