VonLewis

MEMORANDUM *

Charles VonLewis appeals the district court’s judgment finding him guilty of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1), following a jury trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the conviction. We remand consideration of VonLewis’s sentence to the district court, pursuant to United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc).

I. Standard of Review

Because VonLewis failed to raise any of his objections at trial, we review for plain error. VonLewis also failed to raise any objections to his sentence. In fact, VonLewis admitted that there were no factual errors in the Presentence Investigation Report (“PSR”) at the hearing and stated he had no objections to the PSR’s calculation of the sentencing range under the Sentencing Guidelines.

A defendant seeking relief under the plain error standard must show there is (1) error that; (2) is plain; (3) affects his substantial rights; and (4) “seriously affects the fairness, integrity, or public reputation of judicial proceedings.” United States v. Cotton, 535 U.S. 625, 631 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002) (quoting Johnson v.…