Free Mandate of 9th Circuit - District Court of Arizona - Arizona

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT .
UNITED STATES OF AMERICA, No. 04-10000 T.
D.C.No. CR—03—00455-EHC
. Plaintiff- Appellee, ` I
v. l I
. JUDGMENT
JUAN MANUEL SAAVEDRA— A
MARTINEZ, . . n - . . . . --.-..
Defendant- Appellant.
p Appeal from the United States District Court for the District of Arizona
(Phoenix).
This cause came on to be heard on the Transcript of the Record from the
United States District Court for the District of Arizona (Phoenix) and was duly
submitted.
On consideration whereof, it is now here ordered and adjudged by this
Court, that the appeal of the said District Court in this cause be, and hereby is
REMANDED.
Filed and entered 01/ 1 8/05
· A mus cow ' it
cm-av A. carrsnsom
Clerk or Court
Arrssr .
SEP 1 8 2006.
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D•pu1yc[erk`
A Case 2:03—cr—00455-EHC Document 65 Filed O9/18/200 I age 0

/"‘ ,, I - - I - - I.- in V I
I i UNITED STATES COURT OF APPEALS I
. A “ Fon THBMNTH cnzcuir F I |_ E D I
‘ ‘ JUN 28 2006
i UNITED STATES OF AMERICA, No. 04-10000 cmnr A. cA1·rtns0n, cram:
_ us. enum ep APPEALS
. Plaintiff- Appellee, D.C. No. CR-03-00455-EHC
District of Arizona,
v. Phoenix _ . - i
IUANMANUEL SAAVEDRA- - l
I MARTINEZ, · ORDER
_ Defendant- Appellant. · _ _ _
Before: B. FLETCHER, NOONAN, and THOMAS, Circuit Judges.; ` _ i
‘ Because "it is not possible to reliably determine from the record whether the
. - sentence imposed would haye been materially different had the district court A
known that the Guidelines were advisory," United States v. Ameline, 409 F.3d l
1073, 1084 (9th Cir. 2005), we remand this matter to the sentencing court to
answer that question following the procedures outlined in Amelirte, thatshall ‘ p
include notice to counsel and an opportunity for comment. n`
U · A mus com
cAn-w A. CATTERSON
I Clerk of Court
Arrest I - _ -
it A · e . . p . piutit —-t· 2006_*
Case 2:O3—cr—0O455-EHC A Document 65 Filed O9/18/2OO Page 2 of 2

Case 2:03-cr-00455-EHC

Document 65

Filed 09/18/2006

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Case 2:03-cr-00455-EHC

Document 65

Filed 09/18/2006

Page 2 of 2