United States v. Ross

138 F. App'x 902

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 1, 2005
• Docket: No. 02-50226; D.C. No. CR-95-00353-H
• Status: Published

Opinion

MEMORANDUM

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Ross argues that his sentence violates the Sixth Amendment and must be remanded for a new trial or resentencing. Consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc), we “remand to the district court ... for the [limited] purpose of ascertaining whether the sentence imposed would have been materially different had the district court known that the sentencing guidelines were advisory.” Id. at 1074-75.

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 Ninth Circuit Rule 36-3.