Booth

United States v. Booth

Good Law
111 F. App'x 498
United States Court of Appeals for the Ninth CircuitOctober 7, 2004No. 03-30278; DC No. CR 99-0018 EFSCalifornia750 words

Opinion

Lead Opinion

MEMORANDUM *

Michael David Booth appeals his 162-month sentence imposed on remand. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We previously affirmed Booth’s conviction for fraud, 18 U.S.C. § 1343 , and money laundering, 18 U.S.C. § 1956 , but vacated Booth’s original sentence and remanded for resentencing. United States v. Booth, 309 F.3d 566, 578 (9th Cir.2002). Booth contends that when a case is remanded on an “open record” pursuant to United States v. Matthews, 278 F.3d 880 (9th Cir.2002) (en banc), the resentencing court may not consider sentencing issues decided at the original sentencing hearing that went unchallenged during the prior appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Matthews did not disturb the general rule that the “law of the case” doctrine does not preclude a resentencing court from “reconsider[ing] the entire sentencing package, including the factual findings regarding the relatedness of prior convictions used in calculating [defendant’s] criminal history.” United States v. Allen, 153 F.3d 1037, 1043 (9th Cir.1998); see also United States v. Petty, 80 F.3d 1384, 1388 (9th Cir.1996) (holding…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.