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U.S. v. HICKS

No. 06-30193.

472 F.3d 1167 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron HICKS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2007.

Attorney(s) appearing for the Case

Robert K. Stewart, Davis Wright Tremaine LLP, Anchorage, AK, Lissa W. Shook, Davis Wright Tremaine LLP, Seattle, WA, for the defendant-appellant.

Deborah M. Smith, Assistant United States Attorney, Anchorage, AK, for the plaintiff-appellee.

Before B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and WILLIAM W SCHWARZER, District Judge.

BETTY B. FLETCHER, Circuit Judge.

In this appeal, we consider whether United States v. Booker's requirement that the district courts treat the United States Sentencing Guidelines as advisory applies to the resentencing of defendants pursuant to 18 U.S.C. § 3582(c). See United States v. Booker, 543 U.S. 220, 245-46, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We hold that it does. Because the district court considered the...

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