United States v. Bernardo Sanchez

THOMPSON, Senior Circuit Judge:

This appeal presents the question whether, on a limited Ameline remand, a district court may consider post-sentencing factors and circumstances in determining whether it would have imposed the same sentence had it known the Sentencing Guidelines were advisory.

BACKGROUND

Gabriel Bernardo Sanchez (“Sanchez”) was convicted of thirty-three counts of mail fraud and eleven counts of money laundering, in connection with an extensive charitable donation scam. Sanchez and his partner formed a “shell” church, and then employed telemarketers to solicit donations on behalf…