Newsome

United States v. Newsome

Good Law
221 F. App'x 627
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007No. 06-50079California848 words

Opinion

Lead Opinion

MEMORANDUM ***

James David Newsome (“Newsome”) appeals his sentence, untouched on a limited remand pursuant to United States v. Ameline 409 F.3d 1073 (9th Cir.2005) (en banc). We have jurisdiction under 28 U.S.C. § 1291 . Because we conclude that: (1) Newsome had no constitutional or statutory right to allocution during the limited remand, United States v. Silva, 472 F.3d 683, 689 (9th Cir.2007), (2) the district court did not err in its application of the career offender enhancement under United States Sentencing Guideline (“U.S.S.G.”) § 4B1.1, as implicitly held by our prior panel, and (3) Newsome’s sentence is reasonable, we affirm.

Although our prior panel did not explicitly address Newsome’s challenge to the district court’s application of the career offender enhancement prior to ordering an Ameline remand, see United States v. Newsome, 137 Fed.Appx. 65, 66-67 (9th Cir.2005), its imposition of a limited Ameline remand — as opposed to a full resentencing — implicitly affirmed the application and we agree. Newsome suggests the available record did not adequately establish that he had two qualifying career offender predicate offenses. Newsome failed to object to the district…

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