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U.S. v. AMELINE

No. 02-30326.

409 F.3d 1073 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred Arnold AMELINE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2005.

Attorney(s) appearing for the Case

Michael R. Dreeben, U.S. Dept. of Justice, Washington, DC, Michael A. Rotker, Atty., U.S. Dept. of Justice, Criminal Div., Appellate Sec., Washington, DC, for Plaintiff-Appellee.

Steven Hubacheck, Federal Defenders of San Diego, San Diego, CA, for Defendant-Appellant.

Anthony R. Gallagher, Esq., Assistant Federal Public Defender, Great Falls, MT, for Amicus Curiae Federal Public and Community Defenders.

Before SCHROEDER, Chief Judge, O'SCANNLAIN, HAWKINS, THOMAS, WARDLAW, W. FLETCHER, FISHER, GOULD, RAWLINSON, CLIFTON, and BEA, Circuit Judges.

Argued and Submitted En Banc March 24, 2005.

RAWLINSON, Circuit Judge.

This case requires us to apply the United States Supreme Court's ruling in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). In Booker, the Supreme Court struck down the sentencing scheme created by the Sentencing Reform Act of 1984 to the extent that the Act mandated the imposition of sentences predicated on facts not found by the jury or admitted...

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