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NOT FOR PUBLICATION.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)
Page 632.
Joan G. Ruffennach, Esq., M. Malaika Rahi-Loo Fax, USPX--Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.
David Taylor Shannon, AFPD, FPDAZ--Federal Public Defender's Office, Tucson, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, Frederick J. Martone, District Judge, Presiding. D.C. No. CR-01-01115-FJM.
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.
Jose Luis Tapia-Fierro appeals his 104-month sentence imposed following a remand of his sentence by this Court. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we remand the sentence.
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 for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). See United States v. Hermoso-Garcia, 413 F.3d 1085, 1089-90 (9th Cir.2005).
SENTENCE REMANDED.