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United States v. Cole

United States Court of Appeals, Ninth Circuit
Sep 19, 2005
146 F. App'x 183 (9th Cir. 2005)

Opinion

Submitted September 12, 2005.

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NOT FOR PUBLICATION.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 184.

Pamela J. Byerly, AUSA, USSP--Office of the U.S. Attorney, Spokane, WA, for Plaintiff-Appellee.

Gerald D. Smith, Esq., FPDWA--Federal Public Defender's Office, Spokane, WA, for Defendant-Appellant.


Appeal from the United States District Court for the Eastern District of Washington, Wm. Fremming Nielsen, Senior Judge, Presiding. D.C. No. CR-03-00110-WFN.

Before: REINHARDT, RYMER and HAWKINS, 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 Ninth Circuit Rule 36-3.

Don Wesley Cole appeals his 33-month sentence imposed after a guilty plea conviction to conspiracy to distribute marijuana, in violation of 21 U.S.C. § 846. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084 (9th Cir.2005) (en banc).

REMANDED.


Summaries of

United States v. Cole

United States Court of Appeals, Ninth Circuit
Sep 19, 2005
146 F. App'x 183 (9th Cir. 2005)
Case details for

United States v. Cole

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Don Wesley COLE…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 19, 2005

Citations

146 F. App'x 183 (9th Cir. 2005)