Hines

United States v. Hines

Good Law
192 F. App'x 668
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 05-50119California306 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Hines appeals from the 142-month sentence imposed following his guilty-plea convictions for mail fraud in violation of 18 U.S.C. § 1341 and promotional money laundering in violation of 18 U.S.C. § 1956 (a)(l)(A)(I). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand.

As the district court acknowledged in its tentative ruling, Hines made factual *669 objections to statements in the pre-sentence report that concerned his role in the offense. The district court determined that it did not need to rule on these disputed facts because Hines had withdrawn his request for a minor role sentence reduction. However, because the district court imposed a four-level increase for an aggravating role, these disputed facts regarding Hines’ role in the offense did affect sentencing, even though Hines had withdrawn his request for a sentence reduction. We therefore conclude that factual findings were required under Fed.R.Crim.Pro. 32(i)(3)(B), and we vacate and remand for resentencing. See United States v. Carter, 219 F.3d 863, 866 (9th Cir.2000) (“[i]t is well settled in this circuit that when the district court fails to make the required Rule 32…

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