Balderas-Granados

MEMORANDUM *

Cesar Balderas-Granados appeals the judgment of conviction imposed following a jury trial for transporting undocumented aliens within the United States, in violation of 8 U.S.C. § 1324 . He contends that the district court erred in denying his motion for a judgment of acquittal. The government cross-appeals the sentence imposed by the district court when the court corrected the sentence, pursuant to Federal Rule of Criminal Procedure 35(a), following the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004).

We have jurisdiction over these appeals pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm the conviction. Because, however, the resentencing was conducted before the Supreme Court decided United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and we cannot tell whether the district court would have imposed the same sentence had it known that the sentencing guidelines were advisory, we remand the sentence to the district court for its reconsideration. See United States v. Ameline, 409 F.3d 1073, 1079 (9th Cir.2005) (en bane) (“elect[ing] to remand to the district court to…