Opinion
No. 05-10795.
Argued and Submitted February 13, 2007. Submission withdrawn on February 20, 2007. Resubmitted on June 29, 2007.
Filed July 3, 2007.
Pamela A. Martin, Timothy S. Vasquez, Esq., Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
Jason F. Carr, Esq., 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-03-00176-RLH.
Before: B. FLETCHER, CLIFTON, and IKUTA, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Ameline remand from this court, the district court determined that the sentence it originally imposed would not have been materially different under an advisory guidelines system. See United States v. Ameline, 409 F.3d 1073, 1074-75 (9th Cir. 2005) (en banc). Because the record establishes that the district court understood its authority on remand to apply a non-Guidelines sentence, the district court's determination is reasonable. United States v. Combs, 470 F.3d 1294, 1297 (9th Cir. 2006).