Ramos-Birrueta
United States v. Ramos-Birrueta
Opinion
Lead Opinion
MEMORANDUM **
Following a limited remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), Trinidad Ramos-Birrueta appeals from the district court’s order concluding that it would not have imposed a materially different sentence had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
When a defendant properly preserves his objection to the unconstitutional or mandatory application of the Sentencing Guidelines, this Court reviews for harmless error and generally remands for full resentencing instead of reviewing for plain error and ordering a limited Ameline remand. See United States v. Beng-Salazar, 452 F.3d 1088 (9th Cir.2006). Ramos-Birrueta contends that he preserved his objection when the district court originally sentenced him and that this Court therefore erred by remanding his case pursuant to Ameline instead of engaging in harmless error analysis. However, the record shows that Ramos-Birrueta did not object at sentencing to the mandatory or unconstitutional application of the Guidelines, and he therefore did not preserve the error. See id.