United States v. Burgess

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JERALD HOWARD BURGESS…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 22, 2005

No. 02-10131 (9th Cir. Jun. 22, 2005)

Opinion

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JERALD HOWARD BURGESS, Defendant-Appellant. No. 02-10131 United States Court of Appeals, Ninth Circuit June 22, 2005

NOT FOR PUBLICATION

Argued and Submitted December 8, 2004 San Francisco, California

Appeal from the United States District Court for the District of Nevada No. CR-00-00379-KJD Kent J. Dawson, District Judge, Presiding.

Before: KOZINSKI, W. FLETCHER, and BYBEE, Circuit Judges.

SUPPLEMENTAL 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 Ninth Circuit Rule 36-3.

Jerald Burgess appeals his 135-month sentence for five firearms convictions.

In an unpublished disposition filed on January 12, 2005, we resolved Burgess§s challenges to his convictions but stayed the appeal of his sentence pending the United States Supreme Court§s decision in United States v. Booker, 125 S.Ct. 738 (2005). The mandate, issued in error on April 20, 2005, was recalled on May 6, 2005.

We remand pursuant to United States v. Ameline, No. 02-30326 (9th Cir. June 1, 2005) (en banc).

REMANDED.