United States v. Lajai Pridgette

Partial Concurrence and Partial Dissent by Judge O’SCANNLAIN

OPINION

KOZINSKI, Circuit Judge:

We consider whether a remand for re-sentencing a criminal defendant should be on an open or closed record.

FACTS

In 2013, Lajai Pridgette was driving a Mustang on Interstate 84 in southern Idaho.1 Occupants of two separate vehicles reported that someone had shot at them from inside the Mustang. An Idaho State Trooper tracked down the Mustang, and Pridgette was arrested. While searching the Mustang, Troopers recovered a handgun, a spent shell casing, marijuana and , machines used to produce counterfeit…