UNITED STATES of America, Plaintiff-Appellee,
v.
Albert Tito PEREZ, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Submitted December 8, 2006.
Filed January 31, 2007.
Attorney(s) appearing for the Case
John P. Rhodes, Esq., Assistant Federal Defender, Federal Defenders of Montana, Missoula, MT, for the defendant-appellant.
Timothy J. Racicot, Assistant United States Attorney, Office of the United States Attorney, Missoula, MT, for the plaintiff-appellee.
Before: FARRIS, CLIFTON, and BEA, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
BEA, Circuit Judge:
After United States v. Booker,543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we adopted a limited remand procedure for certain cases in which the defendant had failed to object to the use of mandatory sentencing guidelines. Specifically, in cases where the record of trial is insufficient for us to determine whether the district court would have imposed a different sentence had it known the sentencing...
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