Velazquez

ORDER

In light of the Supreme Court’s decision in United States v. Booker 1 and our subsequent decision in United States v. Ameline, 2 t he memorandum disposition filed on April 13, 2005 is withdrawn and replaced by the attached memorandum disposition.

MEMORANDUM *

Vincente Velazquez appeals his conviction for conspiracy to possess with intent to distribute methamphetamine. He also raises sentencing issues. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm his conviction. In light of the Supreme Court’s decision in United States v. Booker 2 and our subsequent decision in United States v. Ameline 3 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 parties are familiar with the facts, we do not recount them here.

The district court acted well within its discretion when it granted counsels’ motion to withdraw due to a conflict of interest. 4 The district court’s inquiry was adequate to “provide[] a sufficient basis for reaching an informed decision” regarding the existence of a conflict arising…