Hill

United States v. Hill

Good Law
197 F. App'x 687
United States Court of Appeals for the Ninth CircuitAugust 17, 2006No. 04-50412California288 words

Opinion

Lead Opinion

ORDER

Appellant has filed a petition for panel rehearing. The petition for panel rehearing is granted; the memorandum disposition, filed on December 12, 2005, is withdrawn; and a revised memorandum disposition is filed in its place.

MEMORANDUM **

David Michael Hill appeals the sentence imposed following his guilty plea to possession of child pornography in violation of 18 U.S.C. § 2252 (a)(5)(B). Hill contends that this case should be remanded pursuant to United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005) because he was sentenced under the mandatory guidelines. The district court attempted to sentence Hill to a non-mandatory Guideline sentence when it sentenced Hill alternatively. To comply with the requirements of Booker , however, the district court “must have sufficiently considered the Guidelines as well as the other factors *688 listed in 3553(a).” United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.), cert. denied, — U.S. —, 126 S.Ct. 2913 , 165 L.Ed.2d 931 (2006). In this case, when sentencing Hill alternatively, the district court started out properly by considering the applicable Guideline range, but the court did not address any of…

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