United States v. Manley

Full title: UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLES STEPHEN MANLEY…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 22, 2005

No. 04-10110 (9th Cir. Jun. 22, 2005)

Opinion

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLES STEPHEN MANLEY, Defendant - Appellant. No. 04-10110 United States Court of Appeals, Ninth Circuit June 22, 2005

NOT FOR PUBLICATION

Submitted February 7, 2005 ^**

** This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Appeal from the United States District Court for the District of Nevada D.C. No. CR-03-00413-RCJ Robert E. Jones, District Judge, Presiding

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

ORDER and 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.

The Memorandum Disposition filed February 18, 2005, is WITHDRAWN and replaced with the following Memorandum Disposition:

Because appellant did not challenge his sentence on Sixth Amendment grounds in the district court, we review his sentence for plain error. Pursuant to United States v. Ameline, No. 02-30326, 2005 WL 1291977, *11 (9th Cir. June 1, 2005) (en banc), we remand the case for the district court to determine whether it would have sentenced appellant differently under an advisory Guidelines system.

REMANDED.