United States v. Okelley

134 F. App'x 178

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 14, 2005
• Docket: No. 03-30110
• Status: Published

Opinion

ORDER

We remand the sentence imposed in this case to the district court, without vacating the sentence, to follow the procedure established in the en banc decision of United States v. Ameline,1 and to consider whether the sentence would have been materially different in light of United States v. Booker.2

1 . United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

2 . United States v. Booker, — U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).