[DOWNLOAD] "United States v. Thomas" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Thomas
• Author : United States Court of Appeals for the Ninth Circuit
• Release Date : January 03, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Defendant Matthew Eugene Dupas appeals the sentence imposed after his conviction for possessing stolen mail in violation of 18 U.S.C. § 1708. The government concedes that Defendants sentence of imprisonment may be remanded to the district court pursuant to our decision in United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), because that sentence rested on the district courts finding of fact as to the amount of loss and was imposed according to the then-mandatory United States Sentencing Guidelines. Here, we address two other challenges to Defendants sentence, both of which present issues of first impression in this circuit. Both issues are raised for the first time on appeal, so we review only for plain error. See id. at 1078 (reviewing the defendants Sixth Amendment challenge for plain error); United States v. Rearden, 349 F.3d 608, 618 (9th Cir. 2003) (reviewing a challenge to conditions of supervised release for plain error), cert. denied, 125 S.Ct. 32 (2004).

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