Vargas

United States v. Vargas

Good Law
255 F. App'x 141
United States Court of Appeals for the Ninth CircuitNovember 16, 2007No. 06-50562California1,028 words

Opinion

Lead Opinion

MEMORANDUM *

Jose Alfredo Vargas appeals his 405-month prison sentence for his role in a cocaine importation and distribution conspiracy in violation of 21 U.S.C. §§ 841 (a)(1), 846, 952, 960, and 963. Because the parties are aware of the facts of this case, we do not recount them here. We have jurisdiction under 28 U.S.C. § 1291 . Although this was a limited Ameline remand, Judge Baird had retired. Therefore, Judge Takasugi conducted a full resentencing, which we review without regard to the standard of review set forth in United States v. Combs, 470 F.3d 1294, 1297 (9th Cir.2006) (limiting appellate review of Ameline remands to the question of “[wjhether the district judge properly understood the full scope of his discretion in a post-Booker world”). We affirm.

Vargas’s conviction has previously been affirmed on direct appeal by this court. United States v. Vargas, 146 Fed.Appx. 81 (9th Cir.2005) (memorandum disposition). This court remanded his sentence only, pursuant to United States v. Ameline, 409 F.3d 1073, 1084 (9th Cir.2005). This ap *143 peal is from the sentence imposed following the limited remand.

Under the totality of the circumstances and the factors in United…

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