177 F. App'x 558

UNITED STATES of America, Plaintiff—Appellee, v. Mundo GONZALEZ, a/k/a Reymundo Gonzalez, Defendant—Appellant.

No. 04-50611.

D.C. No. CR-04-00645-JFW-02.

United States Court of Appeals, Ninth Circuit.

Submitted April 5, 2006.*

Decided April 12, 2006.

Becky S. Walker, Beong-Soo Kim, *559USLA—Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Jonathan D. Libby, Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.

Before HAWKINS, McKEOWN, and PAEZ, Circuit Judges.

MEMORANDUM**

Mundo Gonzalez appeals from the sentence imposed after his guilty plea conviction for conspiracy to distribute and to possess with intent to distribute, and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846.

Because Gonzalez 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 to the sentencing court to answer that question, and to proceed pursuant to 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) (extending Ameline’s limited remand procedure to cases involving non-constitutional error under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005)).

REMANDED.

United States v. Gonzalez
177 F. App'x 558

Case Details

Name
United States v. Gonzalez
Decision Date
Apr 12, 2006
Citations

177 F. App'x 558

Jurisdiction
United States

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