Boctot

ORDER and MEMORANDUM **

Hercules Potoy Boctot appeals his sentence, arguing the district court failed to make findings required by United States v. Dunnigan, 507 U.S. 87 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993), when it adjusted his sentence for obstruction of justice under U.S.S.G. § 3C1.1. We deferred our decision pending United States v. Booker, - U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Booker requires that we remand to the district court for further proceedings. See United States v. Ameline, 409 F.3d 1073 (9th Cir.2005).

To the extent Dunnigan applies after Booker, 125 S.Ct. at 753 (noting “while the reach of Dunnigan may be limited, we need not overrule it”), we conclude the district court’s findings satisfied Dunnigan . The district court explained that the jury’s decision to acquit Boctot on count two did not indicate his testimony was not false. Rather, the court noted “the jury necessarily had to reject Mr. Boctot’s version of what had happened because the jury, consistent with the jury instructions, had to find that Mr. Boctot did act with intent, and I don’t think that can be *816 squared with Mr. Boctot’s testimony.” The court also found Boctot falsely…