Cranston

MEMORANDUM ***

William Lee Cranston appeals his sentence and the restitution award imposed after he pled guilty, pursuant to a plea agreement, to one count of a 22-count indictment for bank fraud in violation of 18 U.S.C. § 1344 . We have jurisdiction under 28 U.S.C. § 1291 , and affirm the district court’s application of the Sentencing Guidelines and the restitution award, but remand on a limited basis under United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc).

Cranston’s plea agreement did not waive his right to appeal an unconstitutional sentence. Sentencing occurred in 2003 — before Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004) and United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005) . Because the district court imposed its sentence believing the Guidelines were mandatory and the record provides no clear indication whether it would have sentenced Cranston differently had it known the Guidelines were advisory, a limited remand under Ameline is required. See 409 F.3d at 1074 .

Because the matter is remanded, we address whether the guidelines were correctly applied. See United States v. Cantrell, 433 F.3d…