Opinion
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NOT FOR PUBLICATION.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)
USLA-Office of the U.S. Attorney Criminal Division, Los Angeles, CA, Robert Gannon, Esq., USSA-Office of the U.S. Attorney, Santa Ana, CA, for Plaintiff-Appellee.
Amy M. Karlin, DFPD, FPDCA-Federal Public Defender's Office (Santa Ana), Santa Ana, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Central District of California, Alicemarie H. Stotler, District Judge, Presiding. D.C. No. CR-04-00102-AHS-1.
Before: REINHARDT, RYMER and HAWKINS, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Louis Charles Morgan appeals the 125-month sentence following his guilty-plea conviction for armed bank robbery and aiding and abetting, in violation of 18 U.S.C. §§ 2113(a), (d) and 2(a), and brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). We have jurisdiction under 28 U.S.C. § 1291.
Because appellant was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory, we remand to the sentencing court to answer that question, and to proceed pursuant to United States v. Ameline, 409 F.3d 1073, 1084 (9th Cir.2005) (en banc). See United States v. Moreno-Hernandez, 419 F.3d 906, 915-16
Page 685.
(9th Cir.2005) (extending Ameline' s limited remand procedure to cases involving non-constitutional Booker error).
REMANDED.