Mix

United States v. Mix

Good Law
457 F.3d 906·2006 WL 2268636
United States Court of Appeals for the Ninth CircuitMarch 30, 2006No. 05-10088California3,198 words

Opinion

Lead Opinion

Alarcón, J.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The mandate in United States v. Mix, 450 F.3d 375 (9th Cir.2006) is recalled. The opinion is amended as follows. On page 380, in the second paragraph of section II A, the following language is deleted:

The clerk is directed to file the attached amended opinion as revised and to issue the mandate 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 sen- *909 teneing 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 affirm because the sentence imposed by the district court was reasonable. We also hold that the district court’s application of Booker…

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