Dade

United States v. Dade

Good Law
275 F. App'x 600
United States Court of Appeals for the Ninth CircuitApril 22, 2008Nos. 06-30499, 06-30623California603 words

Opinion

Lead Opinion

MEMORANDUM **

John Ernest Dade did not challenge his sentence on his first appeal, but now challenges the reasonableness of the sentence imposed by the distl'ict court. Because this appeal follows a limited Ameline remand, see United States v. Dade (“Dade I”), 136 Fed.Appx. 973, 975 (9th Cir.2005), pursuant to which the district court did not disturb its original sentence, 1 we review *601 only whether the district court understood its “powers and responsibilities under an advisory Guidelines system.” United States v. Combs, 470 F.3d 1294, 1297 (9th Cir.2006); see also United States v. Thornton, 511 F.3d 1221, 1228 (9th Cir.2008); United States v. Ameline, 409 F.3d 1073, 1085 (9th Cir.2005) (en banc). Because the district court made plain that it understood its power under an advisory Guidelines system when it reimposed Dade’s original sentence, we affirm the sentence.

Dade also appeals from the denial of his motion for a new trial. We must first consider whether the district court had jurisdiction to consider such a motion, given the limited remand. We read the limited Ameline remand as limiting the district court’s authority to consider new challenges to the sentence, but not…

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