United States v. Alfred Arnold Ameline

In light of the Supreme Court’s recent decision in United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), we granted appellant Alfred Ameline’s petition for rehearing to reconsider our decision in United States v. Ameline, 376 F.3d 967 (9th Cir.2004). In our original opinion, we held that, because Ame-line’s sentence under the United States Sentencing Guidelines was based on facts found by the district judge by a preponderance of the evidence, his sentence violated the Sixth Amendment as construed by the Supreme. Court in Blakely v. Washington, — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004). We vacated Ameline’s sentence and remanded for resentencing with directions that, if necessary, a jury determine the amount of drugs attributable to Ameline and whether he possessed a weapon in connection with his conviction, two factors that could enhance his sentence under the Sentencing Guidelines.

After our decision issued and while Ameline’s petition for rehearing was pending, the Supreme Court granted certiorari in United States v. Booker, 375 F.3d 508 (7th Cir.), cert. granted, — U.S. -, 125 S.Ct. 11 , 159 L.Ed.2d 838 (2004), and Fanfan v. United States, 2004 WL…