Blair

MEMORANDUM **

In a February 2, 2000 Memorandum (No. 98-10452) we affirmed in part the sentence of Stephen Michael Blair (“Blair”) on 11 counts of transporting child pornography in violation of 18 U.S.C. § 2252 (a)(5)(B) and one count of possessing child pornography in violation of 18 U.S.C. § 2252 (a)(4)(B), but we reversed and remanded the district court’s application of the distribution enhancement under U.S.S.G. (“Guideline”) § 2G2.2(b)(2) in light of our decision in United States v. Laney, 189 F.3d 954 (9th Cir.1999). Blair now appeals the district court’s post-remand ruling that the 5 level increase under Guideline § 2G2.2(b)(2) applies. Blair also argues that the district court erred in applying a preponderance of the evidence standard at the resentencing hearing. We affirm.

We review a district court’s interpretation of the Guidelines de novo and review its factual findings for clear error (United States v. Ellis, 241 F.3d 1096, 1099 (9th Cir .2001)).

After Blair was resentenced, Guideline § 2G2.2(b)(2) was amended effective November 1, 2000. There is no dispute that the amendment was clarifying rather than substantive (the Sentencing Commission said just that), so that…