Younger
United States v. Younger
Opinion
Lead Opinion
MEMORANDUM **
Christopher Younger appeals his sentence imposed under the pre-Booker Sentencing Guidelines. See United States v. Booker, — U.S. -, -, 125 S.Ct. 738, 745 , 160 L.Ed.2d 621 (2005). Younger pleaded guilty to one count of conspiracy to deliver stolen treasury checks. 18 U.S.C. §§ 371 , 510(b). The district judge increased Younger’s sentence because she found that he caused over $800,000 in loss, raising his Guideline sentence to a minimum of twenty-four months in prison. Younger did not admit this fact in the plea agreement or otherwise. In fact, Younger hotly contested it.
*817 This case is subject to the limited remand procedure outlined in the recent Ameline decision because “it cannot be determined from the record whether the judge would have imposed a materially different sentence had [she] known that the Guidelines are advisory rather than mandatory.” United States v. Ameline, 409 F.3d 1073, 1083 (9th Cir.2005) (en banc); see also id. at 1079 (“We surmise that the record in very few cases will provide a reliable answer to the question of whether the judge would have imposed a different sentence had the Guidelines been viewed as advisory.”).