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No. 8627031
United States Court of Appeals for the Ninth Circuit
United States v. Lemusu
No. 8627031 · Decided December 18, 2006
No. 8627031·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 18, 2006
Citation
No. 8627031
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Herman Lemusu appeals from the 360-month sentence imposed after remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Lemusu contends that his original base offense level was impermissibly increased by six points based on facts not found by a jury and therefore, the district court erred when it declined to re-sentence him on remand. This contention is foreclosed. See Ameline, 409 F.3d at 1077-78, 1084-85 . AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Herman Lemusu appeals from the 360-month sentence imposed after remand under United States v.
Key Points
01MEMORANDUM ** Herman Lemusu appeals from the 360-month sentence imposed after remand under United States v.
02Lemusu contends that his original base offense level was impermissibly increased by six points based on facts not found by a jury and therefore, the district court erred when it declined to re-sentence him on remand.
03This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir.
04
Frequently Asked Questions
MEMORANDUM ** Herman Lemusu appeals from the 360-month sentence imposed after remand under United States v.
FlawCheck shows no negative treatment for United States v. Lemusu in the current circuit citation data.
This case was decided on December 18, 2006.
Use the citation No. 8627031 and verify it against the official reporter before filing.