United States v. Lajai Pridgette

I concur in the court’s vacatur of the sentence and restitution order and in its remand for resentencing. I respectfully dissent from the court’s decision to limit the evidence that the district court may consider on remand to that which is in the existing record.

I

A

“The default rule is that ‘if a district court errs in sentencing, we will remand for resentencing on an open record — that is, without limitation on the evidence that the district court may consider.’ ” United States v. Flores, 725 F.3d 1028, 1043 (9th Cir. 2013) (quoting United States v. Matthews, 278 F.3d 880, 885-86 (9th Cir.…