Fifield

facts that were neither found by a jury nor admitted.

We disagree with all three procedural contentions. We do, however, remand under United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc), for a determination of whether the district court would have imposed a materially different sentence if it had known that the Sentencing Guidelines were advisory. 16890 UNITED STATES v. FIFIELD I.

Blaine Fifield was sentenced in Montana state court, on March 13, 2003, for Assault with a Weapon, a felony under Montana law. The sentence, according to the presentence report, was “5 years deferred.” Under state law, such a sen- tence means that pronouncement of a sentence of imprison- ment is deferred for a five-year probationary period, and that the charge can be dismissed, and no sentence of imprisonment pronounced, if probation is successfully served. See MONT. CODE ANN. § 46-18-204. As one of the conditions of his pro- bation, Fifield was prohibited from possessing any firearm.

Shortly thereafter, on March 20, 2003, Fifield’s probation officer and local law enforcement officers searched Fifield’s home and found six firearms, as well as methamphetamine, marijuana,…