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U.S. v. Thomas

United States Court of Appeals, Ninth Circuit
Aug 19, 2008
291 F. App'x 71 (9th Cir. 2008)

Opinion

Nos. 08-50242, 08-50243.

Submitted August 11, 2008.

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

Filed August 19, 2008.

Michael J. Raphael, Esq., Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Jill K. Ginstling, James H. Locklin, FPDCA-Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Central District of California, Stephen V. Wilson, District Judge, Presiding. D.C. Nos. 2:07-cr-00433-SVW, 2:96-cr-00313-SVW-1.

Before: CANBY, LEAVY and KLEINFELD, Circuit Judges.



MEMORANDUM

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

The parties' joint motion for summary reversal and remand is granted. Defendant's sentence is vacated. See 18 U.S.C. § 3553(c)(2); United States v. Miqbel, 444 F.3d 1173, 1178 (9th Cir. 2006). These consolidated appeals are remanded to the district court for the purpose of re-sentencing defendant.

VACATED and REMANDED.


Summaries of

U.S. v. Thomas

United States Court of Appeals, Ninth Circuit
Aug 19, 2008
291 F. App'x 71 (9th Cir. 2008)
Case details for

U.S. v. Thomas

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Johnny Ray THOMAS, a.k.a…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 19, 2008

Citations

291 F. App'x 71 (9th Cir. 2008)