United States v. Lewis

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30281 Plaintiff-Appellee, D.C. No. v.  CR-01-00149-A- DANIEL CARSON LEWIS, JWS Defendant-Appellant.  OPINION

On Remand from the United States Supreme Court

Filed September 1, 2005

Before: Cynthia Holcomb Hall, Andrew J. Kleinfeld, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge Hall

COUNSEL

Teresa S. Ridle and Rebecca S. Copeland, Patton Boggs, LLP, Anchorage, Alaska, for the defendant-appellant.

12077 12078 UNITED STATES v. LEWIS Karen Loeffler, Assistant United States Attorney, Anchorage, Alaska, for the plaintiff-appellee.

OPINION

HALL, Senior Circuit Judge:

We considered this case in July of 2004 and we affirmed the convictions and the sentence. United States v. Lewis, No. 03-30281, 111 Fed.Appx. 876 (9th Cir. Sept. 24, 2004). The Supreme Court granted certiorari, and vacated the decision and remanded the case to us in light of United States v. Booker, 125 S.Ct. 738 (2005). Lewis v. United States, 125 S.Ct. 1404 (2005). Because Petitioner did not challenge his sentence on Sixth Amendment grounds in the district court, we grant a limited remand pursuant to United States v. Ame- line, 409 F.3d 1073 (9th Cir. 2005) (en banc). See United States v. Moreno-Hernandez, No. 03-30387, 2005 WL 1964483, at *8 (9th Cir. August 17, 2005) (holding that “de- fendants are entitled to limited remands in all pending direct criminal appeals involving unpreserved Booker error, whether constitutional or nonconstitutional.”).

REMANDED.