MEMORANDUM *
Lyle Hartford Van Dyke, Jr. (§ 371 ; 18 U.S.C. § 514 (a)(1), (2). He appeals his conviction and sentence on two grounds. First, he argues that the district court violated the Fifth and Sixth Amendment by usurping the jury’s fact finding role with respect to an essential element of the charged crimes. Next, he argues that the sentence imposed by the district court violates his Sixth Amendment rights because his sentence was enhanced by factual findings made by the district court. Blakely v. Washington, — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004); United States v. Booker, — U.S. - , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We affirm Van Dyke’s conviction. However, we grant a limited remand consistent with United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).
Van Dyke failed to object to the trial court’s instructions, and therefore this claim is reviewed for plain error. United States v. Recio, 371 F.3d 1093, 1099-1100 (9th Cir.2004). Under plain error review, Van Dyke must…