Legal Opinion

United States v. James Bennett

Court of Appeals for the Ninth Circuit

Decided May 22, 2013No. 11-50428Unpublished

1Opinion of the Court

MEMORANDUM *

James Bennett (Bennett) appeals the district court’s imposition of the same 121-month sentence upon remand. See United States v. Bennett, 621 F.3d 1131 (9th Cir.2010). We affirm the district court.

1. In our mandate, we vacated the district court judgment only as to the “conviction and sentence for counts eight through ten.” Id. at 1140. “It follows that the district court was without jurisdiction to review [Bennett’s] arguments]” regarding other matters. United States v. Luong, 627 F.3d 1306, 1311 (9th Cir.2010). Accordingly, the district court did not err when it declined to rule…

2Cases cited7 opinions

  1. United States v. SolteroCourt of Appeals for the Ninth Circuit · 2007
  2. United States v. Labrada-BustamanteCourt of Appeals for the Ninth Circuit · 2005
  3. United States v. BennettCourt of Appeals for the Ninth Circuit · 2010
  4. United States v. Dan PetriCourt of Appeals for the Ninth Circuit · 2013
  5. United States v. Gustav W. SkurdalCourt of Appeals for the Ninth Circuit · 2003

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