U.S. v. RUIZ-ALVAREZ

No. 96-17272.

211 F.3d 1181 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel RUIZ-ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2000.

As Amended May 22, 2000.


Attorney(s) appearing for the Case

John J. Graves, Graves, Leavitt, Cawley & Koch, Las Vegas, Nevada, for the defendant-appellant.

Daniel R. Schiess, Assistant United States Attorney, Las Vegas, Nevada (argued), and Camille W. Dunn, Assistant United States Attorney, Las Vegas, Nevada (on the brief), for the plaintiff-appellee.

Before: ALARCON, TASHIMA and SILVERMAN, Circuit Judges.


SILVERMAN, Circuit Judge:

The defendant was convicted of several charges and received a sentence totaling 360 months. In a previous appeal, one conviction was reversed, the others affirmed. The question posed now is whether the district court had the authority to resentence the defendant anew on the affirmed counts even though the appellate decision did not specifically remand the case for resentencing. We hold that when the previous panel vacated the conviction on...

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