Eastwood

SUPPLEMENTAL MEMORANDUM **

We filed a memorandum disposition affirming denial of defendant-appellant Christian Eastwood (“Eastwood”)’s motion to suppress on August 24, 2004. On September 7, 2004, we granted Eastwood’s motion to stay issuance of the mandate pending the United States Supreme Court’s decision in United States v. Booker, - U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Eastwood petitioned for writ of certiorari, and the Supreme Court vacated our judgment and remanded for further consideration in light of Booker on January 24, 2005. We reaffirm our holding in our original memorandum affirming denial of Eastwood’s motion to suppress and hold that it is unnecessary to remand this case in light of United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

In a Rule 28(j) letter and in his memorandum in support of the motion to stay issuance of our mandate, Eastwood argued that his sentence was imposed in violation of the Sixth Amendment as construed in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004). In supplemental briefing, Eastwood argued that this court should remand the case pursuant to Ameline . However, Eastwood’s plea…