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No. 8628481
United States Court of Appeals for the Ninth Circuit
United States v. McMillion
No. 8628481 · Decided February 16, 2007
No. 8628481·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 16, 2007
Citation
No. 8628481
Disposition
See opinion text.
Full Opinion
ORDER ** The Government acknowledged in its letter submitted pursuant to Federal Rules of Appellate Procedure 28(j) that the district court did not solicit the views of counsel before it issued its order responding to our previous Ameline remand. See United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). “[0]n Ameline remand, a district court must obtain, or at least solicit, the views of counsel in writing before deciding whether re-sentencing is appropriate.” United States v. Montgomery, 462 F.3d 1067, 1069 (9th Cir.2006). Accordingly, we remand for further proceedings consistent with Ameline and Montgomery . REMANDED. ® This disposition is not appropriate for publication and is not precedent except as provided by Ninth Cir. R. 36-3.
Plain English Summary
ORDER ** The Government acknowledged in its letter submitted pursuant to Federal Rules of Appellate Procedure 28(j) that the district court did not solicit the views of counsel before it issued its order responding to our previous Ameline r
Key Points
01ORDER ** The Government acknowledged in its letter submitted pursuant to Federal Rules of Appellate Procedure 28(j) that the district court did not solicit the views of counsel before it issued its order responding to our previous Ameline r
02“[0]n Ameline remand, a district court must obtain, or at least solicit, the views of counsel in writing before deciding whether re-sentencing is appropriate.” United States v.
03Accordingly, we remand for further proceedings consistent with Ameline and Montgomery .
04® This disposition is not appropriate for publication and is not precedent except as provided by Ninth Cir.
Frequently Asked Questions
ORDER ** The Government acknowledged in its letter submitted pursuant to Federal Rules of Appellate Procedure 28(j) that the district court did not solicit the views of counsel before it issued its order responding to our previous Ameline r
FlawCheck shows no negative treatment for United States v. McMillion in the current circuit citation data.
This case was decided on February 16, 2007.
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