United States v. Wynn

140 F. App'x 685

Opinion

MEMORANDUM **

Rex Boyd Wynn appeals his 192-month sentence following his guilty plea to distribution of methamphetamine in violation of 21 U.S.C. § 841(a)(1). We cannot determine from the record whether the district court would have imposed a materially different sentence if it had known that the Sentencing Guidelines were advisory rather than mandatory. Therefore, under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc) and United States v. Moreno-Hernandez, 397 F.3d 1248, 1255 n. 8 (9th Cir.2005), amended by No. 03-30387, slip. op. 7773, 7794-95, 2005 WL 1560269 (9th Cir. July 5, 2005), we remand for the limited purpose of making that determination.

REMANDED.

Footnotes

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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.