Hayme

MEMORANDUM *

Jacob Hayme, who pled guilty to several offenses stemming from his participation in a bank robbery, challenges his sentence on four independent grounds. We conclude that Hayme 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.

Hayme first argues that the district court improperly enhanced his sentence based on two victims’ injuries. See U.S.S.G. § 2B3.1(b)(3)(A). 1 He claims that the robbers agreed not to hurt anyone and, thus, the victims’ injuries were not foreseeable. But Hayme ignores the Guidelines’ clear statement that if “two defendants agree to commit a robbery and, during the course of that robbery, the first defendant assaults and injures a victim,” then “[t]he second defendant is accountable for the assault and injury to the victim ... even if the second defendant had not agreed to the assault and had cautioned the first defendant to be careful not to hurt anyone.” U.S.S.G. § 1B1.3, app. n. 2 (emphasis added); see also United States v. Luna, 21 F.3d 874, 884 (9th Cir.1994). The district court properly found these victims’ injuries to be reasonably…