Sallis

United States v. Sallis

Good Law
220 F. App'x 641
United States Court of Appeals for the Ninth CircuitFebruary 13, 2007No. 06-30045California341 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Sallis appeals the district court order reimposing his 180-month sentence for four violations of the Mann Act, 18 U.S.C. §§ 2421-2424 . We have jurisdiction over Sallis’s late appeal because the government did not oppose the untimely filing. See Eberhart v. United States, 546 U.S. 12 , 126 S.Ct. 403, 407 , 163 L.Ed.2d 14 (2005) (per curiam).

This is Sallis’s third appeal. In United States v. Johnson, 44 Fed.Appx. 752 (9th Cir.2002) (unpublished decision), we reversed several of Sallis’s counts of convic *642 tion and remanded for re-sentencing on the four remaining counts. The district court imposed four 180-month sentences, to run concurrently, and Sallis appealed again. After we affirmed, see United States v. Thompson, 102 Fed.Appx. 617 (9th Cir.2004) (unpublished decision), the Supreme Court granted Sallis’s petition for a writ of certiorari in light of its intervening decision in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and vacated his sentence, Sallis v. United States, 543 U.S. 1110 , 125 S.Ct. 1036 , 160 L.Ed.2d 1041 (2005). We then remanded to the district court a second time with instructions to apply Booker…

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