United States v. Montgomery

MEMORANDUM **

Burt Douglas Montgomery was convicted by a jury of three counts of wire fraud, one count of conspiracy to commit wire fraud, one count of deprivation of honest services, three counts of money laundering, and one count of conspiracy to launder money. The district court sentenced Montgomery to 240 months imprisonment.

Montgomery appealed his sentence to this court. This court remanded for limited reconsideration pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), without reaching the merits of Montgomery’s claim that his sentence is unreasonable. United States v. Montgomery, 143 Fed.Appx. 757 (9th Cir. 2005). On remand, the district court reaffirmed Montgomery’s original sentence.

Montgomery appealed a second time, arguing that the district court erred by making its resentencing decision without first requesting and reviewing briefing by counsel. This court remanded again without reaching the merits of Montgomery’s reasonableness arguments, directing the district court to request and review counsels’ briefing before making its resentencing decision. United States v. Montgomery, 462 F.3d 1067 (9th Cir.2006). The district court did so and on…