Dee

MEMORANDUM *

Edward Dee appeals his sentence of 18 months’ imprisonment following his guilty plea and conviction for assaulting or intimidating a flight attendant and thereby interfering with a flight attendant’s performance of his duties, in violation of 49 U.S.C. § 46504 . The government on appeal does not contest Dee’s contention that the district court imposed the above-guideline 18-month sentence based in part on Dee’s failure to appear at two change-of-plea hearings, even though the guideline calculation already included a two-level enhancement for Dee’s failure to appear. We find the record to be ambiguous in that regard, however, and thus vacate Dee’s sentence and remand to allow the district court to clarify the basis for its sentence.

We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we review the district court’s decision to impose a sentence greater than the applicable guideline range for reasonableness. See United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006).

It is undisputed that the district court correctly calculated Dee’s guideline range as four to 10 months’ imprisonment. This calculation included a base offense level…