The U.S. Court of Appeals for the Ninth Circuit issued this opinion today in the case of the "Millenium Bomber," Ahmed Ressam. The Supreme Court's 2008 opinion, reinstating one count set aside by the Ninth, is here. On remand, the District Court imposed a sentence of 22 years, and the Government appealed. Today's opinion holds:
We vacate the sentence and remand for resentencing by a different district court judge because we conclude that the district court committed procedural error in failing to address specific, nonfrivolous arguments raised by the Government in imposing a sentence that is well below the advisory Sentencing Guidelines range.
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