United States v. Tony Mix

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

We hereby recall the mandate. The court’s opinion, filed March 30, 2006, is amended as follows:

is deleted.

At slip op. 3587 in the last sentence of the first full paragraph insert “departure or impose a sentence based on a guideline departure” after “There was no guideline calculation error because the district court did not calculate a guideline range including a § 5K2.21” and before the

With these amendments, mandate shall issue forthwith.

OPINION

Tony Mix was convicted of two counts of kidnaping, five counts of aggravated sexual abuse, and two counts of assault with a deadly weapon committed within the confines of the Navajo Indian Reservation. He appeals from the district court’s sentencing decision. He contends that the imposition of a life sentence was unreasonable and inconsistent with the requirements of 18 U.S.C. § 3553 (a). He also maintains that the district court’s application of the Supreme Court’s decision in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), in its sentencing decision violated his rights under the Fifth and Sixth Amendments of the United States Constitution.

We…