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UNITED STATES OF AMERICA, v. MARILYN MANIBUSAN,

Citations: 391 F.3d 1007; 2004 U.S. App. LEXIS 24855; 2004 WL 2745819Docket: 03-10468

Court: Court of Appeals for the Ninth Circuit; December 2, 2004; Federal Appellate Court

Narrative Opinion Summary

The United States Court of Appeals for the Ninth Circuit issued an order regarding the case of United States v. Marilyn Manibusan. In light of the Supreme Court's grant of certiorari in related cases, United States v. Booker and United States v. Fanfan, the Ninth Circuit has withdrawn its submission specifically concerning sentencing issues. This decision is pending the Supreme Court's ruling in those cases. However, the court affirmed the convictions against Manibusan in a separate memorandum disposition.

Legal Issues Addressed

Affirmation of Convictions

Application: Despite the pending Supreme Court ruling on sentencing, the Ninth Circuit affirmed the convictions against the defendant, maintaining the validity of the jury's findings and the trial court's judgment on guilt.

Reasoning: However, the court affirmed the convictions against Manibusan in a separate memorandum disposition.

Judicial Deference to Supreme Court Review

Application: The Ninth Circuit withdrew its submission on sentencing issues to await the Supreme Court's decisions in related cases, demonstrating deference to higher court rulings that may impact the case at hand.

Reasoning: The United States Court of Appeals for the Ninth Circuit issued an order regarding the case of United States v. Marilyn Manibusan. In light of the Supreme Court's grant of certiorari in related cases, United States v. Booker and United States v. Fanfan, the Ninth Circuit has withdrawn its submission specifically concerning sentencing issues.