Orejel-Ramirez

MEMORANDUM **

Defendant Jose A. Orejel-Ramirez appeals the sentence he received after pleading guilty to importation of, and possession with intent to distribute, five kilograms or more of cocaine. We have jurisdiction under 18 U.S.C. § 3742 . We affirm as to those grounds raised on appeal but remand for consideration of United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

Orejel-Ramirez challenges his sentence on two grounds, neither of which are persuasive. First, the district court did not clearly err in refusing to designate Orejel-Ramirez as a “minimal” participant under the Federal Sentencing Guidelines, § 3B1.2. See United States v. Rosales-Rodriguez, 289 F.3d 1106, 1112 (9th Cir.2002). Orejel-Ramirez admitted to being paid to transport a substantial amount of drugs into the United States. See id.

*71 Second, the determination of drug quantity in Orejel-Ramirez’s possession did not impermissibly result in an enhanced sentence based on facts not proven to a jury or admitted by the defendant. See United States v. Booker, — U.S. -, 125 S.Ct. 738, 748-49 , 160 L.Ed.2d 621 (2005). The district court’s sentence relied on the fact that both crimes for which…