United States v. Ressam, No. 05-30422.
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Citation | 538 F.3d 1166 |
| Decision Date | 15 August 2008 |
| Parties | UNITED STATES of America, Plaintiff-Appellant, v. Ahmed RESSAM, also known as Benni Antoine Noris, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Ahmed Ressam, also known as Benni Antoine Noris, Defendant-Appellant. |
| Docket Number | No. 05-30422.,No. 05-30441. |
v.
Ahmed RESSAM, also known as Benni Antoine Noris, Defendant-Appellee.
United States of America, Plaintiff-Appellee,
v.
Ahmed Ressam, also known as Benni Antoine Noris, Defendant-Appellant.
Mark N. Bartlett, Helen J. Brunner, John McKay, USSE, Office of the U.S. Attorney, Seattle, WA, for Plaintiff-Appellant*Plaintiff-Appellee.
Michael Filipovic, Thomas W. Hillier, II, Federal Public Defender's Office, Jo Ann Louise Oliver, Seattle, WA, for Defendant-Appellee*Defendant-Appellant.
On Remand from the United States Supreme Court. D.C. No. CR-99-00666-001-JCC.
[538 F.3d 1167]
Before: ARTHUR L. ALARCÓN, PAMELA ANN RYMER, and MARSHA S. BERZON, Circuit Judges.
The mandate of the United States Supreme Court having issued on Ahmed Ressam's appeal from his conviction for carrying an explosive during the commission of a felony in violation of 18 U.S.C. § 844(h)(2)(1994), United States v. Ressam, ___ U.S. ___, 128 S.Ct. 1858, 170 L.Ed.2d 640 (2008), we must now reach the government's challenge to the reasonableness of Ressam's sentence. United States v. Carty, 520 F.3d 984 (9th Cir.2008) (en banc), was decided after sentence was imposed in this case and, among other things, Carty makes clear that all sentencing proceedings must begin by determining the applicable Guidelines range. Id. at 993. This was not done here. Accordingly, we vacate the sentence and remand for resentencing in accordance with Carty.
VACATED AND REMANDED.
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United States v. Wilkes, No. 08–50063.
...immunity to a witness with directly contradictory testimony that the defendant's due process right to a fair trial is violated.” Straub, 538 F.3d at 1166. Under the clarified test, the defendant must first show that the defense witness's testimony was relevant. Id. at 1157. Second, the defe......
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U.S. v. Ressam, No. 09-30000
...range at the beginning of sentencing, as required by United States v. Carty, 520 F.3d 984 (9th Cir.2008). United States v. Ressam, 538 F.3d 1166, 1167 (9th Cir.2008).Upon remand, the district court again imposed a sentence of 22 years in prison, followed by five years of supervised release.......
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U.S. v. Ressam, No. 09-30000.
...range at the beginning of sentencing, as required by United States v. Carty, 520 F.3d 984 (9th Cir.2008). United States v. Ressam, 538 F.3d 1166, 1167 (9th Upon remand, the district court again imposed a sentence of 22 years in prison, followed by five years of supervised release. The Gover......
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United States v. Ressam, No. 09–30000.
...determined the applicable Guidelines range, as required under our intervening en banc panel decision in Carty.United States v. Ressam, 538 F.3d 1166, 1167 (9th Cir.2008) (order). While the matter was on appeal, Ressam sent a letter to the district court recanting his prior testimony implica......
-
United States v. Wilkes, No. 08–50063.
...immunity to a witness with directly contradictory testimony that the defendant's due process right to a fair trial is violated.” Straub, 538 F.3d at 1166. Under the clarified test, the defendant must first show that the defense witness's testimony was relevant. Id. at 1157. Second, the defe......
-
U.S. v. Ressam, No. 09-30000
...range at the beginning of sentencing, as required by United States v. Carty, 520 F.3d 984 (9th Cir.2008). United States v. Ressam, 538 F.3d 1166, 1167 (9th Cir.2008).Upon remand, the district court again imposed a sentence of 22 years in prison, followed by five years of supervised release.......
-
U.S. v. Ressam, No. 09-30000.
...range at the beginning of sentencing, as required by United States v. Carty, 520 F.3d 984 (9th Cir.2008). United States v. Ressam, 538 F.3d 1166, 1167 (9th Upon remand, the district court again imposed a sentence of 22 years in prison, followed by five years of supervised release. The Gover......
-
United States v. Ressam, No. 09–30000.
...determined the applicable Guidelines range, as required under our intervening en banc panel decision in Carty.United States v. Ressam, 538 F.3d 1166, 1167 (9th Cir.2008) (order). While the matter was on appeal, Ressam sent a letter to the district court recanting his prior testimony implica......