Feingold

facts not found by the jury and because the district court denied his request for a two-level reduction in his offense level.

Although we hold that Dr. Feingold’s arguments are with- out merit, we vacate his sentence and remand for resentencing pursuant to United States v. Beng-Salazar, No. 04-50518 (9th Cir. July 6, 2006).

I.

Dr. Feingold graduated in 1976 from the National College of Naturopathic Medicine and, after completing an internship and residency, began his career in Philadelphia. In 1990, he moved to Arizona, where he later opened his own practice. In 2000, the State of Arizona granted naturopathic physicians authority to prescribe Schedule II, III, IV, and V controlled substances. In August of 2002, Arizona curtailed this author- ity, prohibiting naturopathic physicians from prescribing Schedule II drugs, with the exception of morphine. Dr. Fein- gold obtained from the Drug Enforcement Agency (DEA) the necessary certification to prescribe controlled substances. The prescriptions written by him pursuant to this certification became the basis for a 185-count indictment. The government alleged that Dr. Feingold abused his status as a licensed prac- titioner to…