Turbiville

United States v. Turbiville

Good Law
276 F. App'x 651
United States Court of Appeals for the Ninth CircuitMay 2, 2008No. 07-30030California254 words

Opinion

Lead Opinion

MEMORANDUM **

Terrie Rae Turbiville appeals from the district court’s decision, following a limited remand under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc), that it would not have imposed a different sentence had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*652 Turbiville contends that her due process rights were violated when the district court did not allow her to present new evidence during the Ameline remand. This contention is foreclosed by United States v. Combs, 470 F.3d 1294, 1296-97 (9th Cir.2006). Turbiville also contends that the district court failed to comply with this court’s re-sentencing order. Her contention is belied by the record. During the initial appeal this court did not ultimately remand for a full re-sentencing.

We also conclude that the district court did not clearly err in making its drug quantity approximation. See United States v. Kilby, 443 F.3d 1135, 1141 (9th Cir.2006). The district court was entitled to rely on the admissions of Turbiville’s coconspirator regarding the amount of methamphetamine he produced. See id. (“[T]he information…

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