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United States v. Bao Lu

United States Court of Appeals, Ninth Circuit
Feb 17, 2011
414 F. App'x 972 (9th Cir. 2011)

Opinion

No. 09-10276.

Submitted February 15, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed February 17, 2011.

Jason Hitt, William S. Wong, USSAC — Office of the U.S. Attorney, Sacramento, "CA, for Plaintiff-Appellee.

William Lathan Osterhoudt, Law Office of William Osterhoudt, San Francisco, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of California, William B. Shubb, District Judge, Pre) siding. D.C. No. 2:99-cr-00433-WBS.

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Bao Lu appeals from the district court's decision following a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Lu contends that his life-time term of imprisonment is unreasonable because the district court failed to take into account his youth and post-sentencing rehabilitation. The district court conducted a proper Ameline review, see United States v. Silva, 472 F.3d 683, 685 (9th Cir. 2007), and it "properly understood the full scope of [its] discretion" following United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Combs, 470 F.3d 1294, 1297 (9th Cir. 2006). Moreover, the district court was not required to consider Lu's post-sentencing rehabilitation. See United States v. Bernardo Sanchez, 569 F.3d 995, 997-98 (9th Cir. 2009).

AFFIRMED.


Summaries of

United States v. Bao Lu

United States Court of Appeals, Ninth Circuit
Feb 17, 2011
414 F. App'x 972 (9th Cir. 2011)
Case details for

United States v. Bao Lu

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. BAO LU, a.k.a Hoang…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 17, 2011

Citations

414 F. App'x 972 (9th Cir. 2011)

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