U.S. v. COMBS

No. 05-30486.

470 F.3d 1294 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Robert F. COMBS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 18, 2006.


Attorney(s) appearing for the Case

Lance C. Wells, Law Offices of Lance C. Wells, P.C., Anchorage, AK, for the defendant-appellant.

Deborah M. Smith, Acting United States Attorney for the District of Alaska, Anchorage, AK; Jo Ann Farrington, Assistant United States Attorney, Anchorage, AK, for the plaintiff-appellee.

Before: KOZINSKI, BERZON and TALLMAN, Circuit Judges.


KOZINSKI, Circuit Judge:

We consider two questions left unanswered by United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005): (1) By what standard do we review a district court's determination that a defendant's sentence would not have been materially different, had it known that the Guidelines were advisory rather than mandatory? And, (2) may a defendant raise new claims of error during the course of an Ameline remand...

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