Lewis
United States v. Lewis
Opinion
lead Opinion
MEMORANDUM **
James Paul Lewis, Jr., appeals the thirty-year sentence imposed on remand for resentencing for his conviction, by guilty plea, of one count of mail fraud and one count of money laundering. We affirm.
“[W]e review de novo a district court’s compliance with the mandate of an appellate court.” United States v. Kellington, 217 F.3d 1084, 1092 (9th Cir.2000). Our previous decision, United States v. Lewis, 234 Fed.Appx. 757 (9th Cir.2007) (unpublished decision), did not require a new evidentiary hearing. Rather, we required the district court to (1) correct the illegal thirty-year sentence for mail fraud, (2) consider all the sentencing factors contained in 18 U.S.C. § 3553 (a), and (3) set forth its reasoning if it imposed a sentence in excess of the Guidelines range. Based on the plain text of the mandate, the district court was not required to conduct a new evidentiary hearing during resentencing.
*476 On remand for resentencing, which under United States v. Matthews, 278 F.3d 880 (9th Cir.2002) (en banc), ordinarily means on “an open record,” a district court has discretion to determine whether additional evidence should be considered. In Matthews we defined “open…