Lewis

MEMORANDUM **

Daniel Carson Lewis challenges the district court’s decision, pursuant to a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), to impose a ten-year sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). While in possession of the firearm, Lewis shot a hole in the Trans-Alaska Pipeline, for which he was convicted in state court. Lewis argues that the district court incorrectly applied sentencing enhancements under U.S.S.G. § 2K2.1(c)(1)(A) based on this related offense and that the sentence is unreasonable.

This court previously affirmed Lewis’s sentence, but the case is before us again because the Supreme Court vacated that decision and remanded for further consideration in light of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). See Lewis v. United States, 543 U.S. 1181 , 125 S.Ct. 1404 , 161 L.Ed.2d 175 (2005).

Interpretation of the Guidelines is reviewed de novo, and the district court’s factual findings are reviewed for clear error. United States v. Staten, 466 F.3d 708, 713 (9th Cir.2006). Although there is some uncertainty whether application of the…