United States v. Ressam

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  Plaintiff-Appellant, No. 05-30422 v.  D.C. No. CR-99-00666-001- AHMED RESSAM, also known as Benni Antoine Noris, JCC Defendant-Appellee. 

UNITED STATES OF AMERICA,  No. 05-30441 Plaintiff-Appellee, D.C. No. v.  CR-99-00666-001- AHMED RESSAM, also known as JCC Benni Antoine Noris, ORDER Defendant-Appellant.  On Remand from the United States Supreme Court

Filed August 15, 2008

Before: Arthur L. Alarcón, Pamela Ann Rymer, and Marsha S. Berzon, Circuit Judges.

ORDER

The mandate of the United States Supreme Court having issued on Ahmed Ressam’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 (2008), we must now

10717 10718 UNITED STATES v. RESSAM reach the government’s challenge to the reasonableness of Ressam’s sentence. United States v. Carty, 520 F.3d 984 (9th Cir. 2007) (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 resentencing in accordance with Carty.

VACATED AND REMANDED. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.