Prime

ORDER AND AMENDED OPINION

ORDER

Pursuant to the United States Supreme Court order vacating the judgment and remanding this case back to this Court for further consideration in light of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the Opinion filed April 16, 2004, slip op. 4979, and appearing at 363 F.3d 1028 (9th Cir.2004), is amended as follows:

On page 1038 of the Opinion, delete AFFIRMED and in its place insert the following terminal paragraphs:

Conviction AFFIRMED; sentence REMANDED.

OPINION

I

OVERVIEW

Michael Prime (“Prime”) was charged with, and convicted of, one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 371 ; one count of conspiracy to manufacture counterfeit securities, in violation of 18 U.S.C. § 371 ; and three counts of possessing, manufacturing, and uttering counterfeit securities, in violation of 18 U.S.C. § 513 (a). Prime raises four issues on appeal: 1) whether the district court properly denied his motion for a Franks hearing; 1 2) whether the court abused its discretion in allowing *1151 the testimony of an expert handwriting analyst; 3) whether the court abused its discretion in not allowing…