Huntley

United States v. Huntley

Good Law
155 F. App'x 375
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-50323California142 words

Lead Opinion

MEMORANDUM **

John David Huntley appeals the 57-month sentence imposed following his guilty plea conviction for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 18 U.S.C. § 1291 .

Because appellant was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory, we remand to the sentencing court to proceed pursuant to United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). See United States v. Moreno-Hernandez, 419 F.3d 906, 916 (9th Cir.2005).

REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.