Castellon

United States v. Castellon

Good Law
135 F. App'x 122
United States Court of Appeals for the Ninth CircuitJune 21, 2005No. 02-50412; D.C. No. CR-98-00143-GLT-02.California571 words

Opinion

Lead Opinion

MEMORANDUM **

Javier Ponce Castellón appeals his conviction and 360-month sentence for con *124 spiracy to possess with intent to distribute and possession with intent to distribute controlled substances. We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm Castellon’s conviction but remand in accordance with United States v. Ameline, 2005 WL 1291977 , *11 (9th Cir. June 1, 2005) (en banc).

Because the parties are familiar with the facts of the case, we refer to them only as necessary for this decision. Castellon raises several arguments that are essentially the same as those that were raised and rejected in his brother’s appeal arising from the same trial, United States v. Castellon, 80 Fed.Appx. 562 (9th Cir. 2003). The law of the case doctrine precludes a criminal appellant from raising “essentially” the same arguments raised by a co-defendant in an earlier appeal and rejected by this court. United States v. Amlani, 111 F.3d 705, 719 (9th Cir.1997); United States v. Garcia, 77 F.3d 274, 276 (9th Cir.1996); United States v. Schaff, 948 F.2d 501, 506 (9th Cir.1991). Under the law of the case doctrine, we affirm the district court’s rulings on allegations…

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