Crawford

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 03-30263 Plaintiff-Appellee, D.C. No. v. CR-02-00272-WFN ANTONIO FELICIANO CRAWFORD,  Eastern District Defendant-Appellant. of Washington, Spokane

 ORDER

Filed August 24, 2005

Before: Melvin Brunetti, M. Margaret McKeown, and Ronald M. Gould, Circuit Judges.

ORDER

This case involves “extraordinary circumstances” sufficient to justify our recall of the mandate, Calderon v. Thompson, 523 U.S. 538, 550 (1998); see also Nevius v. Sumner, 105 F.3d 453, 460-61 (9th Cir. 1996), because: (1) the sentencing judge expressed explicit reservations on the record about the sentence required under the previously mandatory Sentencing Guidelines;1 and (2) the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296 (2004), foreshadowing its hold- ing in United States v. Booker, 125 S. Ct. 738 (2005), was 1 The sentencing judge is on the record saying: “[T]his is the kind of case that causes a court like myself a great deal of agony because the sen- tencing ranges…