United States v. Smith

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Allen SMITH…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 17, 2006

163 F. App'x 545 (9th Cir. 2006)

Opinion

163 Fed.Appx. 545 (9th Cir. 2006) UNITED STATES of America, Plaintiff--Appellee, v. Allen SMITH, Defendant--Appellant. No. 03-50069. United States Court of Appeals, Ninth Circuit. January 17, 2006

Submitted Jan. 9, 2006. ^*

* 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NOT FOR PUBLICATION.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)

Appeal from the United States District Court for the Central District of California

Page 546.

, Dickran M. Tevrizian, District Judge, Presiding. D.C. No. CR-01-00961-DT-03.

Before: HUG, O'SCANNLAIN and SILVERMAN, 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 9th Cir. R. 36-3.

Allen Smith appeals from his 144-month sentence imposed following his guilty plea to conspiracy and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291.

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

REMANDED.