United States v. Cook

Full title: UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL CHARLES COOK…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 21, 2005

No. 03-50128 (9th Cir. Jun. 21, 2005)

Opinion

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL CHARLES COOK, Defendant - Appellant. No. 03-50128 United States Court of Appeals, Ninth Circuit June 21, 2005

NOT FOR PUBLICATION

D.C. No. CR-01-01222-GAF-01 Central District of California, Los Angeles

Before: RYMER and GRABER, Circuit Judges, and MOLLOY, ^* District Judge.

* The Honorable Donald W. Molloy, Chief United States District Judge for the District of Montana, sitting by designation.

ORDER AMENDING MEMORANDUM AND DENYING PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

The memorandum disposition filed on May 20, 2004 is amended as follows:

Page 2, lines 3-5: Delete sentence beginning §We affirm . . .§ and replace with §We affirm Cook§s conviction, but reverse and remand for re-sentencing on Cook§s restitution claim. We also address the other sentencing issues Cook raised on appeal before us, but we remand in accordance with United States v. Ameline, No. 02-30326, slip op. at 6368-71 (9th Cir. June 1, 2005) (en banc).§

Add a new Section VII as follows:

Because Cook did not challenge his sentence on Sixth Amendment grounds in the district court, we grant a limited remand pursuant to United States v. Ameline, No. 02-30326, slip op. at 6368-71 (9th Cir. June 1, 2005) (en banc).

With these amendments, Cook§s petition for rehearing and petition for rehearing en banc are DENIED as moot.