Gumayagay

MEMORANDUM *

Pedro Gumayagay, who was convicted of drug trafficking offenses, challenges his sentence on five independent grounds. We conclude that Gumayagay is entitled to a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), but we affirm his sentence in all other respects.

Gumayagay argues that his sentence violates the Sixth Amendment because the jury found only that his offenses involved at least 500 grams of cocaine, while his sentence was based on a finding that he possessed 2399.5 grams of cocaine. We agree, because the district court increased Gumayagay’s sentence under a system of mandatory guidelines. See United States v. Booker, — U.S. -, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Accordingly, we remand this sentence to the district court “to answer the question whether [Gumayagay’s] sentence would have been different had the court known that the Guidelines were advisory.” Ameline, 409 F.3d at 1079 .

We review the district court’s refusal to grant a downward adjustment based on his role in the offense, under U.S.S.G. § 3B1.2, for clear error. United States v. Murillo, 255 F.3d 1169, 1179 (9th Cir.2001). The district court had a sound…