Opinion
Argued and Submitted August 16, 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NOT FOR PUBLICATION.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)
Page 714.
Carl E. Rostad, Esq., USGF-Office of the U.S. Attorney, Great Falls, MT, for Plaintiff-Appellee.
Paul G. Matt, Esq., Matt Law Office, Penelope S. Strong, Esq., Strong Law Office
, Billings, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana; Richard F. Cebull, District Judge, Presiding. D.C. No. CR-02-00049-RFC.
Before: PREGERSON, NOONAN, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
The district court did not solicit the views of counsel before deciding whether to re-sentence Appellant Clifford G. BirdinGround under United States v. Ameline, 409 F.3d 1073, 1085 (9th Cir.2005). This mistake requires us to re-remand the case for compliance with Ameline. See United States v. Montgomery, 462 F.3d 1067, 2006 WL 2473448, at *5 (9th Cir. Aug. 29, 2006).
REMANDED.