Perez

Facts

In 2004, Albert Tito Perez (“Perez”) pleaded guilty to con- spiracy to distribute methamphetamine, distribution of methamphetamine, and money laundering. Perez was sen- tenced to a term of 70 months imprisonment. Perez appealed, requesting re-sentencing under United States v. Booker, 543

U.S. 220 (2005).

On appeal, we held:

We vacate and remand for re-sentencing under the post-Booker advisory guidelines because Perez requested a remand and we conclude from the dis- trict court’s comments at Perez’ sentencing hearing that there is a “reasonable probability that [Perez] UNITED STATES v. PEREZ 1145 would have received a different sentence had the dis- trict judge known that the sentencing guidelines were advisory.” United States v. Beaudion, 416 F.3d 965, 970 (9th Cir. 2005).

Sentence VACATED and REMANDED.

Perez, 142 F. App’x at 305-06 (unpublished memorandum disposition).

On remand, the district court scheduled a sentencing hear- ing for November 2, 2005. The re-sentencing hearing was res- cheduled for February 16, 2006 because Perez was hospitalized with valley fever.

On January 13, 2006, because Perez remained hospitalized, Perez filed an unopposed…