Merlo

MEMORANDUM **

Scott Lee Merlo appeals his 151-month sentence imposed after pleading guilty to bank robbery, in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we remand.

Merlo contends that the district court improperly classified him as a career offender under United States Sentencing Guidelines §§ 4B1.1 and 4B1.2(b) based on a non-qualifying predicate conviction for violating California Health and Safety Code § 11379(a). We disagree. Because the judicially noticeable documents relied upon by the court unequivocally established that Merlo was convicted of selling methamphetamines, the district court properly determined that Merlo was a career offender under the Sentencing Guidelines. See United States v. Hernandez-Valdovinos, 352 F.3d 1243, 1246-47 (9th Cir.2003).

However, because appellant was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially different had the district court known *200 that the Guidelines were advisory, we remand to the sentencing court to answer that question, and to proceed pursuant to United States v.…