Wing

MEMORANDUM **

A jury convicted Travis Wing of assault with a dangerous weapon (count 1) and using a firearm during the assault (count 2). 18 U.S.C. §§ 113 (a)(3), 1153(a), 924(c)(1). Wing appeals his convictions and part of his sentence under the pre Booker sentencing guidelines. See United States v. Booker, — U.S. -, -, 125 S.Ct. 738, 745 , 160 L.Ed.2d 621 (2005). Wing contends that (1) insufficient evidence supports his convictions and (2) Ameline requires resentencing. See United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). We affirm Wing’s convictions, but vacate and remand his sentence pursuant to Ameline .

I

A rational jury could have found all the elements of counts 1 and 2. 1 The trial *665 evidence indicates (among other things) that, as officers pursued Wing, he pointed his handgun and fired shots at Officer Phillips on the Fort Belknap Indian Reservation. There was ample corroboration of this evidence.

II

The district judge sentenced Wing to 41 months’ imprisonment on count 1 and a mandatory consecutive 120 months on count 2. Wing contends that Ameline commands his resentencing on count l. 2 The base offense level for this offense is fifteen. The…