Plouffe

United States v. Plouffe

Good Law
United States Court of Appeals for the Ninth CircuitFebruary 13, 200605-30045California239 words

Opinion

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30045 Plaintiff-Appellee, D.C. No. v. CR-04-00013-3-

CHRISTOPHER RAY PLOUFFE,  SEH

Defendant-Appellant. District of Montana, Great Falls

 ORDER

Filed February 13, 2006

Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William W Schwarzer,* District Judge.

ORDER

The parties are directed to file supplemental letter briefs addressing whether the court has jurisdiction to review the reasonableness of Appellant’s sentence, which is within the Guidelines range, in light of United States v. Booker, 543 U.S. 220 (2005); our pre-Booker precedent such as United States v. Reed, 914 F.2d 1288 (9th Cir. 1990), and United States v. Pelayo-Bautista, 907 F.2d 99 (9th Cir. 1990); and the holding of Miller v. Gammie, 335 F.3d 889, 893, 900 (9th Cir. 2003) (en banc).

The parties are directed to file simultaneous letter briefs on or before fifteen (15) days from the filed date of this order. The briefs shall not exceed fifteen (15) pages…

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