United States v. Ressam

538 F.3d 1166, 2008 U.S. App. LEXIS 17422, 2008 WL 3549513

Opinion

ORDER

The mandate of the United States Supreme Court having issued on Ahmed Res-sam’s appeal from his conviction for carrying an explosive during the commission of a felony in violation of 18 U.S.C. § 844(h)(2)(1994), United States v. Ressam, — U.S. -, 128 S.Ct. 1858, 170 L.Ed.2d 640 (2008), we must now reach the government’s challenge to the reasonableness of Ressam’s sentence. United States v. Carty, 520 F.3d 984 (9th Cir.2008) (en banc), was decided after sentence was imposed in this case and, among other things, Carty makes clear that all sentencing proceedings must begin by determining the applicable Guidelines range. Id. at 993. This was not done here. Accordingly, we vacate the sentence and remand for resen-tencing in accordance with Carty.

VACATED AND REMANDED.