U.S. v. PETRI

No. 11-30337.

706 F.3d 1178 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Dan PETRI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2013.


Attorney(s) appearing for the Case

Michael Filipovic , Assistant Public Defender, and Alan Zarky , Research Attorney, Federal Public Defender's Office, Seattle, WA, for Defendant-Appellant.

Steven Masada , Assistant United States Attorney, Seattle, WA, for Plaintiff-Appellee.

Before: MARY M. SCHROEDER, M. MARGARET McKEOWN, and RICHARD C. TALLMAN, Circuit Judges.


OPINION

TALLMAN, Circuit Judge:

A full decade after an amendment to Rule 32 of the Federal Rules of Criminal Procedure, we are asked for the first time to determine whether the amendment represented a vast expansion of the district court's fact-finding responsibilities at sentencing. The defendant, who pleaded guilty to aggravated identity theft and two other counts in connection with an ATM skimming scheme, insists that Rule 32(i)(3)(B) extends the district...

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