Notable Ninth Circuit sentencing ruling

Perhaps because tough cases are being help pending a SCOTUS decision in Claiborne and Rita (commentary here), there is precious little exciting circuit court Booker action lately.  Nevertheless, the Ninth Circuit today issued a little ruling in US v. Zolp, No. 05-50882 (9th Cir. Mar. 13, 2007) (available here), that merits mention.  Here’s the opinion’s first paragraph:

Defendant-appellant Marshall Zolp appeals the district court’s sentence following his plea of guilty to federal securities fraud. Zolp challenges two aspects of his sentencing proceedings: (1) the district court’s factual finding that the involved stock was “worthless” after the fraud came to light, and (2) the district court’s decision to consider Zolp’s cooperation only as part of the larger analysis under 18 U.S.C. § 3553(a) and not as part of the court’s advisory guidelines calculation.  On the first issue, we vacate and remand. On the second issue, we affirm.