United States v. Roalsen

163 F. App'x 596

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 19, 2006
• Docket: No. 04-30332; D.C. No. CR-03-00209-HA
• Status: Published

Opinion

MEMORANDUM

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Jonathan David Roalsen appeals his 37-month sentence following a guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291.

Because appellant 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 the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). See United States v. Moreno-Hernandez, 419 F.3d 906, 916 (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.