United States v. LaBuff

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Levi Samuel LABUFF…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 13, 2005

135 F. App'x 60 (9th Cir. 2005)

Opinion

Submitted June 8, 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NOT FOR PUBLICATION.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)

Bernard F. Hubley, Esq., Office of the U.S. Attorney, Helena, MT, for Plaintiff--Appellee.

Edmund F. Sheehy, Jr., Esq., Helena, MT, for Defendant--Appellant.

Page 61.

Appeal from the United States District Court for the District of Montana, Sam E. Haddon, District Judge, Presiding. D.C. No. CR-03-00083-2-SEH.

Before: TASHIMA, PAEZ, and BEA, 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.

Appellant's conviction is affirmed. See United States v. LaBuff, 03-30273.

The case is remanded to the district court to consider whether "the sentence [it] imposed would have differed materially if [it] were applying the Guidelines as advisory rather than mandatory...." United States v. Ameline, 409 F.3d 1073, 1085 (9th Cir.2005) (en banc). If so, the sentence should be vacated and the defendant resentenced. Id.

Conviction AFFIRMED and sentence REMANDED.