Sandon

United States v. Sandon

Good Law
302 F. App'x 719
United States Court of Appeals for the Ninth CircuitDecember 5, 2008No. 06-10543California616 words

Opinion

lead Opinion

*720 MEMORANDUM **

Mark Sandon appeals his 210-month sentence upheld by the district court on a limited Ameline remand. Because the parties are familiar with the history of this case, we will not recount it here.

I

The purpose of an Ameline remand is to ascertain whether treating the Guidelines as mandatory resulted in an “error affecting] substantial rights, by determining whether the sentence would have been materially different under advisory Guidelines.” United States v. Thornton, 511 F.3d 1221, 1225 (9th Cir.2008). In order to conduct a proper Ameline review, the district judge should evaluate the record, consider the views of counsel, and determine whether she would have chosen the same sentence under a discretionary regime. United States v. Silva, 472 F.3d 683, 685 (9th Cir.2007). “If the district court decides that she would have chosen the same sentence, no plain error occurred, and the original sentence stands.” Id.

In this case, the district judge followed the proper limited Ameline remand procedure. He (1) allowed counsel to submit memoranda so he could consider their views; (2) evaluated the record; (3) determined that the sentence would not have been materially…

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