United States of America, Plaintiff-appellee, v. George Michael Ruelas, Defendant-appellant.united States of America, Plaintiff-appellant, v. George Michael Ruelas, Defendant-appellee, 412 F.3d 1051 (9th Cir. 2005)

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US Court of Appeals for the Ninth Circuit - 412 F.3d 1051 (9th Cir. 2005) June 16, 2005

Beverly Reid O'Connell, Esq., Lizabeth A. Rhodes, Esq., Office of the U.S. Attorney, Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.

Joel Levine, Esq., Encino, CA, for Defendant-Appellant.

Before KLEINFELD, WARDLAW, and BERZON, Circuit Judges.


ORDER

Upon remand from the United States Supreme Court, we have reconsidered this case in light of United States v. Booker, 543 U.S. ___, 125 S. Ct. 738, 160 L. Ed. 2d 621 (2005), and we therefore order that the memorandum disposition filed on May 5, 2004 be amended as follows:

Page 2, line 9: Delete the phrase "and we affirm" from the sentence beginning with "We have jurisdiction...." Add a new sentence stating, "We affirm Ruelas's conviction, and remand in accordance with United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc)".

Page 8, line 10: Insert a new section six, entitled "Sixth Amendment Error," followed by the following paragraph:

Because Ruelas did not challenge his sentence on Sixth Amendment grounds in the district court, we grant a limited remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc).

Last line of the disposition: Replace "AFFIRMED" with "AFFIRMED IN PART; REMANDED"

It is so ORDERED.