U.S. v. CARTY

Nos. 05-10200, 05-30120.

520 F.3d 984 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Alphonso Kinzar CARTY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Juan Antonio Zavala, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated December 6, 2006.

Filed March 24, 2008.

Resubmitted March 24, 2008.


Attorney(s) appearing for the Case

Jeffrey T. Green, Assistant Federal Public Defender, Phoenix, AZ, (argued); Milagros A. Cisneros, Assistant Federal Public Defender, Phoenix, AZ, for defendant-appellant Alphonso Kinzar Carty.

Dennis M. Charney, Eagle, ID, for defendant-appellant Juan Antonio Zavala.

Michael R. Dreeben, Department of Justice, Washington, D.C, for plaintiff-appellee.

Before: ALEX KOZINSKI, Chief Judge, MARY M. SCHROEDER, STEPHEN REINHARDT, PAMELA ANN RYMER, ANDREW J. KLEINFELD, SIDNEY R. THOMAS, BARRY G. SILVERMAN, M. MARGARET McKEOWN, KIM McLANE WARDLAW, RONALD M. GOULD, RICHARD A. PAEZ, MARSHA S. BERZON, RICHARD C. TALLMAN, JAY S. BYBEE, and CARLOS T. BEA, Circuit Judges.


Opinion by Judge RYMER; Concurrence by Chief Judge KOZINKSKI; Concurrence by Judge SILVERMAN.

RYMER, Circuit Judge:

We ordered rehearing en banc in these cases to clarify our sentencing law in the wake of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).1 Events overtook us, however, when the United States Supreme Court granted certiorari in Claiborne v. United...

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