United States of America v. MANUEL FLOREZ, AKA Manuel Flores

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MANUEL FLOREZ, AKA Manuel Flores,
Defendant - Appellant.
No. 08-30376
D.C. No. 1:99-cr-00048-JDS
MEMORANDUM *
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Manuel Florez appeals from the 180-month sentence imposed following a
jury-trial conviction for conspiracy to distribute methamphetamine, in violation of
21 U.S.C. § 846. The instant appeal follows a successful 28 U.S.C. § 2255 motion
FILED
MAR 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AK/Research 08-30376 2
allowing Florez to file an appeal out of time. We have jurisdiction pursuant to
28 U.S.C. § 1291, and we vacate the sentence and remand to the district court.
Florez contends that there is a reasonable probability that he would have
received a different sentence, had the district court known that the Sentencing
Guidelines were advisory. The government concedes, and we agree, that a limited
remand is appropriate. Accordingly, we remand to the district court for further
proceedings in light of United States v. Ameline, 409 F.3d 1073, 1079 (9th Cir.
2005) (en banc).
Florez’s request for supplemental briefing is denied.
VACATED and REMANDED.

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