James

ORDER

Appellant James’ petition for panel rehearing in No. 03-50017 is GRANTED and the memorandum disposition filed on June 15, 2005, see 134 Fed. Appx. 190 , is withdrawn as to James, and replaced by the Amended Memorandum filed concurrently with this order.

IT IS SO ORDERED.

AMENDED MEMORANDUM *

A jury convicted Aniefiok James of numerous counts of conspiracy, loan fraud, mail fraud, and wire fraud. James appeals the imposition of two sentencing adjustments for an aggravated role in the offense and an abuse of a position of trust, and a $1 million fine. We have jurisdiction under 28 U.S.C. § 1291 and in light of the Supreme Court’s decision in United States v. Booker 1 and our subsequent decision in United States v. Ameline, 2 we remand for a determination of whether the district court would have imposed a materially different sentence if it had known that the *447 United States Sentencing Guidelines were advisory rather than mandatory. 3 Because the parties are familiar with the facts, we do not recite them here.

As to James’ first sentencing issue, the district court properly imposed a four-level upward adjustment for playing an aggravated role because James supervised at…