Gunning

BACKGROUND

On March 21, 2001, Gunning was indicted for two counts of wire fraud in violation of 18 U.S.C. § 1343. He and a code- fendant were alleged to have participated in an investment fraud scheme in which investors entrusted the defendants with money which the investors were fraudulently and falsely led to believe was being invested in high-yield investment pro- grams.

Pursuant to a plea agreement, Gunning entered a guilty plea on the second count of wire fraud, and on February 8, 2002, he was sentenced to serve fifty-seven months imprisonment to be followed by three years of supervised release. He was also ordered to pay restitution in the amount of $3,924,835.37.

Gunning appealed, and we remanded for further consider- ation by the district court and for resentencing, if necessary. United States v. Gunning, 339 F.3d 948 (9th Cir. 2003) (per curiam) (Gunning I). More specifically, in response to Gun- ning’s argument that he was entitled to a minor role adjust- UNITED STATES v. GUNNING 3885 ment, we remanded for additional findings and resentencing, if necessary, because we could not discern whether the issue had been considered by the district court. Id.…