USA v. STATEB
The Ninth Circuit Court of Appeals today released an amended order in USA v. STATEB, No. 05-30055, a criminal appeal. The panel consisted of Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William W Schwarzer, District Judge.
BERZON, Circuit Judge:
United States v. Booker held that although district courts are no longer required to follow the United States Sentencing Guidelines (”Guidelines”), when making sentencing decisions, “the [Sentencing Reform] Act nonetheless requires judges to take account of the Guidelines together with other sentencing goals.” 543 U.S. 220, 259 (2005) (citing 18 U.S.C.A. § 3553(a) (Supp. 2004)); see also United States v. Cantrell, 433 F.3d 1269, 1278 (9th Cir. 2006) . . .
The opinion filed June 7, 2006, slip. op. 6211, and published at 450 F.3d 384 (9th Cir. 2006) is hereby amended as follows:
1. At slip op. 6227, delete from “There is an additional reason . . . .” through to the end of Part III of the opinion. 2. Replace deleted text with Section C in the attached amended opinion, starting with the language “There is an additional reason . . . .” through to “. . . . as determined in accord with existing case law, the enhancement must be supported by facts established by clear and convincing evidence.” No petitions for rehearing will be entertained. OPINION BERZON, Circuit Judge:
United States v. Booker held that although district courts are no longer required to follow the United States Sentencing Guidelines (”Guidelines”), when making sentencing decisions, “the [Sentencing Reform] Act nonetheless requires judges to take account of the Guidelines together with other sentencing goals.” 543 U.S. 220, 259 (2005) (citing 18 U.S.C.A. § 3553(a) (Supp. 2004)); see also United States v. Cantrell, 433 F.3d 1269, 1278 (9th Cir. 2006) . . .