Iron

*111 MEMORANDUM *

Robin Iron was found guilty of second-degree murder under 18 U.S.C. §§ 1153 and 1111 and sentenced to 97 months imprisonment. The sentence included a three-level reduction for acceptance of responsibility. The government appealed to this court, and we held:

United States v. Iron, 13 Fed. Appx. 630 **4 (9th Cir.2001) (unpublished). On remand, the district court judge sentenced Iron to 60 months imprisonment, which included a reduction of two levels for acceptance of responsibility and a six-level departure for aberrant behavior. The government appeals Iron’s resentencing on the grounds that the district court exceeded the scope of the remand from this court. We reverse the two-level reduction for acceptance of responsibility and affirm the six-level departure for aberrant behavior.

The appellate court’s decisions of law must be followed in subsequent proceedings on the same case. Herrington v. County of Sonoma, 12 F.3d 901, 904 (9th Cir.1993). We previously held that Iron did not accept responsibility for his murder conviction, and, therefore, a three-level acceptance of responsibility reduction to his sentence was inappropriate. We remanded for a resentencing…