United States v. Lemay

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DEANNE LEMAY…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 8, 2005

No. 03-30021 (9th Cir. Jun. 8, 2005)

Opinion

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DEANNE LEMAY, Defendant-Appellant. No. 03-30021 United States Court of Appeals, Ninth Circuit June 8, 2005

NOT FOR PUBLICATION

D.C. No. CR-02-00045-SEH

Before: FERNANDEZ, TASHIMA, and GOULD, Circuit Judges.

ORDER AMENDING MEMORANDUM DISPOSITION AND DENYING PETITION FOR REHEARING

A. We amend our memorandum disposition filed on March 17, 2005, as follows:

We affirm in part and remand in part.

(2) We revoke paragraph (2), which commences on the second page, as well as the final paragraph of the memorandum disposition, and substitute the following in their place:

(2) LeMay also challenges her sentence. With respect to that challenge, we hold that this case is remanded to the district court to allow it to consider whether it would impose the same 151-month sentence on LeMay if the Guidelines system were advisory, rather than mandatory. See United States v. Ameline, No. 02-30326, slip op. at 26§29 (9th Cir. June 1, 2005) (en banc). AFFIRMED in part and REMANDED in part.

B. With the above amendments, LeMay§s petition for rehearing is DENIED.

C. Subsequent petitions for rehearing or rehearing en banc may be filed regarding the sentencing issue.