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U.S. v. MONTGOMERY

No. 05-10587.

462 F.3d 1067 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Bert Douglas MONTGOMERY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2006.

Attorney(s) appearing for the Case

G. Anthony Long, Esquire, Saipan, MP, for the defendant-appellant.

Timothy E. Moran, Assistant United States Attorney, Saipan, MP, for the plaintiff-appellee.

Before B. FLETCHER, PREGERSON, and CANBY, Circuit Judges.

PREGERSON, Circuit Judge.

On limited remand pursuant to United States v. Ameline, 409 F.3d 1073, 1085 (9th Cir.2005) (en banc), the district court did not "obtain the views of counsel" before it decided not to re-sentence Appellant Bert Montgomery. Montgomery argues that the district court, in not obtaining the views of counsel, did not comply with the instructions laid down in Ameline. We

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