United States v. Andrade

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Edith ANDRADE…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 17, 2006

164 F. App'x 569 (9th Cir. 2006)

Opinion

164 Fed.Appx. 569 (9th Cir. 2006) UNITED STATES of America, Plaintiff--Appellee, v. Edith ANDRADE, Defendant--Appellant. No. 04-50203. United States Court of Appeals, Ninth Circuit. January 17, 2006

Submitted Jan. 9, 2006. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3) Appeal from the United States District Court for the Southern District of California, Larry A. Burns, District Judge, Presiding. D.C. No. CR-03-03500-LAB.

Before: HUG, O'SCANNLAIN and SILVERMAN, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Edith Andrade appeals from her 15-month sentence imposed following her guilty plea to importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Because Andrade was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory, we remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). See United States v. Moreno-Hernandez, 419 F.3d 906, 916 (9th Cir.2005).

REMANDED.