Lamere

*4 MEMORANDUM ***

Steven LaMere (LaMere) appeals from his conviction and the restitution portion of his sentence on one count of burglary by an Indian person in Indian country. 18 U.S.C. § 1153 ; Mont.Code Ann. § 45-6-204(1). We affirm LaMere’s conviction, vacate the restitution portion of his sentence, and remand the case to the district court for further proceedings consistent with this disposition. However, in response to LaMere’s post-briefing motion for permission to submit supplemental briefing on issues presented by the Supreme Court’s June 24, 2004, decision in Blakely v. Washington, — U.S. —, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), we hold the mandate in abeyance until further notice, so as to await resolution by this court or the United States Supreme Court of the impact of Blakely on the United States Sentencing Guidelines.

In response to LaMere’s challenge to the sufficiency of the evidence to support his conviction, we hold LaMere is entitled to no relief. Viewing the evidence in the light most favorable to the government, the jury could have found the essential elements of burglary by an Indian person in Indian country beyond a reasonable doubt. United States v.…