United States v. Scheel

146 F. App'x 185

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 22, 2005
• Docket: No. 03-30460
• Status: Published

Opinion

MEMORANDUM

**

John Jacob Scheel appeals his 97-month sentence imposed following a guilty-plea to armed bank robbery, in violation of 18 U.S.C. § 2113(d). We have jurisdiction pursuant to 28 U.S.C. § 1291.

We remand to the sentencing court to proceed pursuant to United States v. Ameline, 409 F.3d 1073, 1084 (9th Cir.2005) (en banc), and United States v. Moreno-Hernandez, 419 F.3d 906, 2005 WL 1964483 at *8 (9th Cir. Aug.17, 2005) (extending the Ameline remand to cases involving non-constitutional Booker error).

The Court notes that there is a discrepancy between the offense charged in the indictment (18 U.S.C. § 2113(d)) and the offense listed in the judgment (18 U.S.C. § 2113(a)). On remand, the district court is instructed to correct the typographical error in the judgment so that it accurately reflects the crime of conviction. Appellant’s July 19, 2004, motion for a reversal and remand pursuant to Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), is denied.

REMANDED.¹

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.

1 . We decline to address the contentions raised for the first time in appellant’s reply brief. See United States v. Ullah, 976 F.2d 509, 514 (9th Cir.1992).