Goodman

United States v. Goodman

Good Law
154 F. App'x 6
United States Court of Appeals for the Ninth CircuitOctober 24, 2005No. 04-30471; D.C. No. CR-03-00066-BLW-02California372 words

Opinion

Lead Opinion

MEMORANDUM ***

Gary Goodman appeals his sentence for twenty-six counts of health care fraud and *7 conspiracy to commit health care fraud. Raising a preserved error under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738, 756-57 , 160 L.Ed.2d 621 (2005), Goodman contends that the district court erred in sentencing him by not considering evidence of his failing health under the advisory United States Sentencing Guidelines, 18 U.S.C. § 3553 (a), and seeks a limited remand pursuant to our decision in United States v. Ameline, 409 F.3d 1073 (2005) (en banc).

We review preserved Booker error under the harmless error standard. United States v. Seschillie, 310 F.3d 1208, 1214 (9th Cir.2002). Although the government bears the burden with respect to harm, United States v. Olano, 507 U.S. 725, 734 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993), in most cases the determination of prejudice turns on an objective analysis of whether the error actually influenced the outcome of the case. Seschillie, 310 F.3d at 1214 .

Under Ameline , we will remand to the district court cases involving remedial Booker error where the record provides an insufficient basis to determine whether the sentence…

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