DeMyers

MEMORANDUM **

Anthony Andre DeMyers appeals his sentence, including a $1 million fine, following his guilty plea to charges of bank fraud, possession of stolen mail, and unauthorized use of an access device. We remand the sentence under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc) (“Ameline II").

In early 2003, DeMyers was caught in possession of stolen mail. An investigation revealed that DeMyers had used this mail to engage in a wide variety of fraudulent activity, including applying for, obtaining, and using credit cards in other people’s names, writing checks on his bank account when it had no funds in it, and creating and using counterfeit checks. Based on this behavior, DeMyers was charged in and pled guilty to a five-count indictment. He admitted the charges, but made no further admissions. DeMyers was sentenced to 24 months’ imprisonment and a $1 million fine — the statutory maximum.

On appeal, DeMyers originally challenged only the amount of the fine. Following our decision in United States v. Ameline, 376 F.3d 967 (2004) (“Ameline II"), superceded by Ameline II, 409 F.3d 1073 , however, he raised a challenge to the remainder of his sentence, as…