Flowers

MEMORANDUM *

Arnold Wesley Flowers appeals both the district court’s refusal to accept his guilty plea to conspiracy under 18 U.S.C. § 371 , and his sentence imposed for violations of 18 U.S.C. §§ 371 and 1512(b)(1) for conspiracy, conspiracy to tamper with a witness, and tampering with a witness. For his involvement in all crimes, Flowers was sentenced to 100 months’ imprisonment. We heard argument and submitted the appeal for decision on July 9, 2004. When the Supreme Court granted certiorari in United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), we vacated submission pending the outcome of Booker . We now order the appeal resubmitted for decision, and affirm in part and remand in part.

1. Flowers’s guilty plea.

Because Flowers did not supply the district court with an adequate factual basis to establish that he was guilty of conspiracy to commit bank fraud, the district court did not abuse its discretion in rejecting Flowers’ guilty plea. See United States v. O’Brien, 601 F.2d 1067, 1069-70 (9th Cir.1979). Despite the district court’s repeated efforts to give Flowers an opportunity to establish that he knew of the plan to defraud Wells Fargo, Flowers…