519 F.3d 926 (9th Cir. 2008), 06-10527, United States v. Davis

Docket Nº:06-10527.
Citation:519 F.3d 926
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. DeAngelo Domingo DAVIS, Defendant-Appellant.
Case Date:March 19, 2008
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 926

519 F.3d 926 (9th Cir. 2008)

UNITED STATES of America, Plaintiff-Appellee,

v.

DeAngelo Domingo DAVIS, Defendant-Appellant.

No. 06-10527.

United States Court of Appeals, Ninth Circuit.

March 19, 2008

Argued and Submitted March 10, 2008.

Matthew M. Robinson, Robinson & Brandt, P.S.C., Cincinnati, OH, for the defendant-appellant.

McGregor W. Scott, United States Attorney, and William S. Wong, Assistant United States Attorney, Sacramento, CA, for the plaintiff-appellee.

Appeal from the United States District Court for the Eastern District of California; Frank C. Damrell, District Judge, Presiding. D.C. No. CR-98-00114-FCD.

Page 927

Before: Stephen Reinhardt, John T. Noonan, and Raymond C. Fisher, Circuit Judges.

OPINION

PER CURIAM:

We issued a limited remand in this case with instructions to the district court to take two specific actions: 1) strike the conviction and the sentence as to count four; and 2) determine, in accordance with United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), whether the district court would have imposed the same sentence had it been aware that the Sentencing Guidelines were advisory rather than mandatory. See United States v. Davis, 138 Fed.Appx. 914, 915 (9th Cir. 2005).

On remand, the district court struck the conviction and the sentence as to count four. The court also declared that it would not have imposed a different sentence on Davis had it known that the Sentencing Guidelines were advisory. The district court then went on, however, to reconsider Davis's sentence as to count three, increasing it substantially.

Where this court expressly limits the scope of remand, the district court is without authority to reexamine other sentencing issues on remand. United States v. Pimentel, 34 F.3d 799, 800 (9th Cir. 1994). In this case, the district court exceeded its authority when it increased Davis's sentence on count three. We...

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