Ambriz-Gonzalez

MEMORANDUM **

Defendant Lucio Ambriz-Gonzalez (“Ambriz”) was convicted of illegal re-entry in 2003. His original sentence was reversed due to a sentencing error. United States v. Ambriz-Gonzalez, 103 Fed. Appx. 81, 82 (9th Cir.2004) (unpublished disposition). Upon remand, Ambriz was re-sentenced by the district court after the Supreme Court decided United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Ambriz now appeals from his re-sentencing and asserts that the district court erred in not properly sentencing him under Booker and 18 U.S.C. § 3553 . He also argues that the district court violated the Sixth Amendment by finding the facts of prior convictions to increase his sentence without them being proved to a jury beyond a reasonable doubt. We affirm.

As a threshold matter, the government argues that this appeal should be dismissed because the district court was constrained by a limited remand, thus foreclosing consideration of any issues not raised in the original appeal. We reject this argument for two reasons. First, the remand in Ambriz’s first appeal was not *978 explicit enough to be considered a limited remand. See Ambriz-Gonzalez, 103 Fed.…