Edwards

MEMORANDUM *

Duncan William Edwards was convicted under 18 U.S.C. §§ 152 and 1014 and received a sentence of seven months’ home detention, five years’ probation, and a $5000 fine. At the time of his sentencing the Supreme Court had issued its decision in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2581 , 159 L.Ed.2d 403 (2004), but had not yet issued its decision in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). While the Government’s appeal was pending in our court, the Supreme Court filed Booker , and we issued our en banc decision in United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). We therefore remanded the Government’s appeal with *686 instructions “for the district court to determine whether it would have imposed a different sentence had it understood that the Guidelines were advisory.” United States v. Edwards, 158 Fed.Appx. 930, 931 (9th Cir.2005) (unpublished disposition) (citing Ameline, 409 F.3d 1073 ).

On remand, the district court affirmed Edwards’s pre-Booker sentence, indicating that it had reviewed the record and that it would not have imposed a materially different sentence had it known that the United States…