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U.S. v. Lavelle

United States Court of Appeals, Ninth Circuit
Oct 21, 2008
297 F. App'x 597 (9th Cir. 2008)

Opinion

No. 06-50208.

Submitted October 16, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 21, 2008.

Dorothy C. Kim, Esq., Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.

Ronald Gold, Esquire, Encino, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Central District of California; S. James Otero, District Judge, Presiding. D.C. No. CR-04-00374-SJO.

Before LEAVY, RYMER and THOMAS, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Rita Marie Lavelle appeals from the district court's order, following a limited remand pursuant to United States v. Amline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc), determining that it would not have imposed a materially different sentence had it known that the United States Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Lavelle contends that the district court erred by failing to conduct an analysis of the 18 U.S.C. § 3553(a) factors and by providing an insufficient record for appellate review. Where, as here, a district court determines that the sentence it originally imposed would not have been materially different under an advisory Guidelines system, our review is confined to determining whether the judge "properly understood the full scope of his discretion in a post- Booker world." United States v. Combs, 470 F.3d 1294, 1297 (9th Cir. 2006). The record shows the district court properly took into account the non-mandatory nature of the Guidelines and understood the full scope of its discretion. See id.

Lavelle's request to file supplemental briefing is denied.

AFFIRMED.


Summaries of

U.S. v. Lavelle

United States Court of Appeals, Ninth Circuit
Oct 21, 2008
297 F. App'x 597 (9th Cir. 2008)
Case details for

U.S. v. Lavelle

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Rita Marie LAVELLE…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 21, 2008

Citations

297 F. App'x 597 (9th Cir. 2008)