United States v. Ressam

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, 
Plaintiff-Appellant, No. 05-30422
v.
 D.C. No.
CR-99-00666-001-
AHMED RESSAM, also known as
Benni Antoine Noris, JCC
Defendant-Appellee.

UNITED STATES OF AMERICA,  No. 05-30441
Plaintiff-Appellee,
D.C. No.
v.
 CR-99-00666-001-
AHMED RESSAM, also known as JCC
Benni Antoine Noris,
ORDER
Defendant-Appellant.

On Remand from the United States Supreme Court
Filed August 15, 2008
Before: Arthur L. Alarcón, Pamela Ann Rymer, and
Marsha S. Berzon, Circuit Judges.
ORDER
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 (2008), we must now
10717
10718 UNITED STATES v. RESSAM
reach the government’s challenge to the reasonableness of
Ressam’s sentence. United States v. Carty, 520 F.3d 984 (9th
Cir. 2007) (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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