Opinion
No. 06-10516.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 7, 2008.
Barbara J. Valliere, Esq., Jeffrey Finigan, Esq., USSF-Office of the U.S. Attorney, San Francisco, CA, for Plaintiff-Appellee.
George C. Boisseau, Esq., Santa Rosa, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of California, Susan Yvonne Illston, District Judge, Presiding. D.C. No. CR-04-00077-SI.
Before: REINHARDT, LEAVY, and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Following a limited remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), Juan Alfonso Castillo-Castellanos appeals from the district court's order concluding that it would have imposed the same 86-month sentence had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Castillo-Castellanos contends that the district court erred by not resentencing him on remand. However, because we ordered a limited remand pursuant to Ameline and the district court subsequently ruled that it would not have imposed a different sentence had it known that the Guidelines were advisory, Castillo-Castellanos was not entitled to resentencing. See United States v. Combs, 470 F.3d 1294, 1296-97 (9th Cir.), cert. denied, ___ U.S. ___, 128 S.Ct. 1071, 169 L.Ed.2d 816 (2008); see also United States v. Perez, 475 F.3d 1110, 1114 (9th Cir. 2007) (holding that a district court is required to comply with this Court's mandate). We also hold that Castillo-Castellanos was not entitled to a new presentence report on remand. Cf. United States v. Silva, 472 F.3d 683, 689 (9th Cir.), cert. denied, ___ U.S. ___, 128 S.Ct. 201, 169 L.Ed.2d 135 (2007).
Castillo-Castellanos also contends that his sentence is substantively unreasonable. We' conclude that the sentence is reasonable in light of the factors contained in 18 U.S.C. § 3553(a). See Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 594, 169 L.Ed.2d 445 (2007).
AFFIRMED.