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U.S. v. LENCE

No. 05-30236.

455 F.3d 1047 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. John A. LENCE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2006.

Attorney(s) appearing for the Case

James C. Bartlett, Kalispell, MT, and Daniel Donovan, Thompson, Potts & Donovan, P.C., Great Falls, MT, argued the cause for the appellant and were on the briefs.

Ellen R. Meltzer, United States Department of Justice, Fraud Section, Criminal Division, Washington, D.C., argued the cause for the appellee. William W. Mercer, United States Attorney, District of Montana, Patrick M. Donley, and Nicola J. Mrazek, United States Department of Justice, Washington, D.C., were on the brief.

Before: O'SCANNLAIN, GRABER, and BEA, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a criminal defendant has a right to be resentenced by his original sentencing judge on remand following Booker error.

I

In June 2002, a jury convicted John Lence, an attorney and certified public accountant, of fourteen counts of bank fraud and one count of conspiracy to commit bank fraud. Chief Judge Donald W. Molloy presided at Lence's trial and...

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