Davis

OPINION AND ORDER

Having considered the motion, the papers filed in support thereof and in opposition thereto, the oral argument of counsel, and the file in the case, the Court now makes the following decision. The Court finds that Blakely v. Washington, — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), applies to Defendant’s sentencing as explained in United States of America v. Ameline, 376 F.3d 967 (9th Cir.2004). The Court will sentence Defendant as scheduled on September 13, 2004, based on an eight point offense level without the aid of a sentencing jury.

BACKGROUND

Defendant, Kelli Davis (“Defendant”) was charged on January 6, 2003, with six counts of wire fraud resulting from six real estate loan transactions in which Defendant acted as a loan broker. Defendant was charged with submitting false information about borrowers’ residence, employment, and income in applications for loans insured by the Federal Housing Administration (“FHA”).

The indictment also charged Defendant with causing “fraudulent FHA-insured loan applications seeking not less than $9 million to be submitted in the names of.. .non-qualifying and straw buyers.” However, the six charged transactions…