United States v. Manuel Florez

MEMORANDUM

Manuel Florez appeals from the 180-month sentence imposed following a jury-trial conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 . The instant appeal follows a successful 28 U.S.C. § 2255 motion allowing Florez to file an appeal out of time. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate the sentence and remand to the district court.

Florez contends that there is a reasonable probability that he would have received a different sentence, had the district court known that the Sentencing Guidelines were advisory. The government concedes, and we agree, that a limited remand is appropriate. Accordingly, we remand to the district court for further proceedings in light of United States v. Ameline, 409 F.3d 1073, 1079 (9th Cir.2005) (en banc).

Florez’s request for supplemental briefing is denied.

VACATED and REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.