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U.S. v. RINGGOLD

No. 06-10492.

571 F.3d 948 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Arnold RINGGOLD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2009.

Attorney(s) appearing for the Case

Barry J. Portman, Federal Public Defender, and Jerome E. Matthews (argued), Assistant Federal Public Defender, Oakland, CA, for the defendant-appellant.

Joseph P. Russoniello, United States Attorney, Barbara J. Valliere, Assistant United States Attorney, and W.S. Wilson Leung (argued), Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.

Before: J. CLIFFORD WALLACE, EDWARD LEAVY and SIDNEY R. THOMAS, Circuit Judges.

THOMAS, Circuit Judge:

This appeal concerns the question whether, after United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), a district court abuses its discretion by declining to consider the disparity between a recommended Guidelines sentence and the maximum sentence a defendant would receive if convicted of the same conduct in state court. Under the circumstances...

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