United States v. Banker

143 F. App'x 860

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 16, 2005
• Docket: No. 03-30588
• Status: Published

Opinion

MEMORANDUM

**

Jeffrey Ronald Banker appeals the 140-month sentence imposed following his guilty plea conviction for bank robbery, in violation of 18 U.S.C. § 2113(a). We have jurisdiction under 28 U.S.C. § 1291.

Because Banker was sentenced under the then-mandatory Sentencing Guidelines, and 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 remand to the sentencing court to answer that question, and to proceed pursuant to United States v. Ameline, 409 F.3d 1073, 1084 (9th Cir.2005) (en banc). See United States v. Moreno-Hernandez, 419 F.3d 906, 915 (9th Cir.2005).

REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.