Legal Opinion

United States v. Aaron Hicks

Court of Appeals for the Ninth Circuit

Decided January 11, 2007No. 06-30193PublishedCited by 100 opinions

1Opinion of the Court

BETTY B. FLETCHER, Circuit Judge.

In this appeal, we consider whether United States v. Booker’s requirement that the district courts treat the United States Sentencing Guidelines as advisory applies to the resentencing of defendants pursuant to 18 U.S.C. § 3582(c). See United States v. Booker, 543 U.S. 220, 245-46, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We hold that it does. Because the district court considered the Guidelines mandatory when resentencing appellant Aaron Hicks, we vacate his sentence and remand to the district court for further proceedings.

I. FACTS

Aaron Hicks was convicted and…

2Cases cited7 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. Paul Masuru OnoCourt of Appeals for the Ninth Circuit · 1995
  3. United States v. Ronald StumpCourt of Appeals for the Ninth Circuit · 1990
  4. United States v. PriceCourt of Appeals for the Tenth Circuit · 2006
  5. UNITED STATES of America, Plaintiff-Appellee, v. Martin Templeton STOCKDALE, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997

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3Cited by100 opinions

  1. Dillon v. United StatesSupreme Court of the United States · 2010
  2. United States v. EvansCourt of Appeals for the Fifth Circuit · 2009
  3. United States v. DunphyCourt of Appeals for the Fourth Circuit · 2009
  4. United States v. MelvinCourt of Appeals for the Eleventh Circuit · 2009
  5. United States v. DoublinCourt of Appeals for the Fifth Circuit · 2009

95 more not listed; retrieve them via the Exa API.

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