Legal Opinion

United States v. Hernandez

Court of Appeals for the Ninth Circuit

Decided January 11, 2007No. 06-10165Published

1Opinion of the Court

MEMORANDUM **

Lino Hernandez appeals from the 292-month sentence imposed following a remand in accordance with United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). We have jurisdiction under 28 U.S.C. § 1291. We review for reasonableness, see Ameline, 409 F.3d at 1085, and we affirm.

The district court explained that, in view of the 18 U.S.C. § 3553(a) factors, Hernandez’s sentence would not have differed materially if it had known at the time of the first sentencing hearing that the U.S. Sentencing Guidelines were merely advisory. In view of the scope of the Ameline remand, and…

2Cases cited7 opinions

  1. United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
  2. United States v. Christopher Ray PlouffeCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. Stuart RommCourt of Appeals for the Ninth Circuit · 2006
  4. Leslie Salt Co., a Delaware Corporation Cargill, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1995
  5. United States v. MixCourt of Appeals for the Ninth Circuit · 2006

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