Testo completo
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CLAUDE DILES,
Defendant - Appellant.
No. 12-50467
D.C. No. 2:12-cr-00633-R
Central District of California,
Los Angeles
ORDER
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
The parties have filed a joint motion for vacatur and remand for
resentencing. Because the record supports the parties’ contention that the district
court failed to explain the sentence imposed, we grant the parties’ motion and
remand for further proceedings. Upon remand, the court shall consider the parties’
sentencing arguments and explain the sentence in light of those arguments and the
18 U.S.C. § 3553(a) sentencing factors.
To preserve the appearance of justice, we assign this case to a different judge
upon remand. We instruct the Clerk of the District Court for the Central District of
California to reassign this case to a different district court judge upon remand.
VACATED and REMANDED.
FILED
FEB 13 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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