United States v. O'Brien

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Wayne Michael O'BRIEN…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 22, 2005

143 F. App'x 902 (9th Cir. 2005)

Opinion

Submitted September 12, 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NOT FOR PUBLICATION.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)

Darin Lahood, AUSA, USLV-Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.

Arthur L. Allen, FPDNV-Federal Public Defender's Office, Las Vegas, NV, for Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada, Roger L. Hunt, District Judge, Presiding. D.C. No. CR-03-00090-RLH.

Before: REINHARDT, RYMER, and HAWKINS, 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.

Wayne Michael O'Brien appeals his 37-month sentence following a guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291.

We remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc).

REMANDED.