Heras

*674 MEMORANDUM *

The appellant challenges his conviction and sentence imposed for possessing with the intent to distribute methamphetamine. 1 He contends that the district court committed reversible error by allowing his co-defendant to present inadmissible hearsay testimony at trial. Assuming without deciding that the testimony was hearsay, we find it to be harmless in light of the other evidence properly presented to the jury at trial. 2 United States v. Sanchez-Lopez, 879 F.2d 541, 555 (9th Cir.1989).

In addition, the appellant questions the propriety of the enhancement imposed for possessing a firearm during the commission of the crime. Because it is unclear whether the district court would have imposed a materially different sentence under the now-discretionary federal sentencing guidelines, the government concedes, and we conclude, that the case should be remanded to afford the district court the opportunity to re-sentence the appellant in light of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). Accordingly, the appellant’s conviction is AFFIRMED and the appellant’s…