United States v. Mitchell

*450 MEMORANDUM ***

Bobby Lionel Mitchell and Bobby Gene Wilson, Jr. were convicted of violating the Hobbs Act and using a firearm during a crime of violence in violation of 18 U.S.C. §§ 1951 and 924(c). We previously affirmed their convictions, but vacated their sentences and remanded for an order of restitution, and for determination of whether the evidence supported enhancements for taking money belonging to a financial institution and for obstruction of justice. United States v. Wilson, 18 Fed. Appx. 611, 613 (9th Cir.2001). We affirmed their sentences in all other respects. Id. Mitchell and Wilson appeal following resentencing. The government cross-appeals the resentencing.

With respect to Wilson, we reverse and remand for resentencing. Wilson preserved his claim in the district court that his sentence violated United States v. Booker, — U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), when he argued during resentencing that any enhancements to his sentence should have been tried to a jury. United States v. Ameline, 409 F.3d 1073 , 1078 n. 1 (9th Cir.2005) (en banc) (citing United States v. Antonakopoulos, 399 F.3d 68 (1st Cir.2005); United States v. Pirani, 406 F.3d 543 (8th…