Silva

ORDER

The memorandum disposition filed on November 1, 2004, is withdrawn and replaced by the attached memorandum disposition.

With these amendments, the petition for panel rehearing and the petition for rehearing en banc are DENIED.

No further petition for rehearing will be entertained.

Appellant’s motion to file supplemental briefing is DENIED as moot.

MEMORANDUM **

Paul Silva appeals his convictions and sentence for importation of marijuana and possession of marijuana with intent to distribute. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm Silva’s convictions. In light of the Supreme Court’s decision in United States v. Booker 1 and our subsequent decision in United States v. Ameline, 2 we remand for a determination of whether the district court would have imposed a materially different sentence if it had known that the United States Sentencing Guidelines were advisory rather than mandatory. Because the *523 parties are familiar with the facts, we do not recount them here.

The district court properly permitted the joinder of multiple counts in the indictment relating to two separate offenses. 3 Federal Rule of Criminal Procedure 8(a) allows joinder of…