U.S. v. BERNARDO SANCHEZ

No. 07-50564.

569 F.3d 995 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Gabriel BERNARDO SANCHEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2009.


Attorney(s) appearing for the Case

Ellyn Marcus Lindsay, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Gary Paul Burcham, San Diego, CA, for the defendant-appellant.

Before: HARRY PREGERSON and DAVID R. THOMPSON, Circuit Judges, and JEREMY D. FOGEL, District Judge.


THOMPSON, Senior Circuit Judge:

This appeal presents the question whether, on a limited Ameline remand, a district court may consider post-sentencing factors and circumstances in determining whether it would have imposed the same sentence had it known the Sentencing Guidelines were advisory.

BACKGROUND

Gabriel Bernardo Sanchez ("Sanchez") was convicted of thirty-three counts of mail fraud and eleven counts of money laundering, in connection...

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