Prime

MEMORANDUM ***

Michael Stefan Prime appeals his sentence imposed by the district court following a limited remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). The district court concluded that Prime’s sentence would not have been materially different under an advisory Guidelines scheme and denied his request for resentencing. We affirm.

I.

In challenging his 85-month sentence, Prime claims that the district court *468 did not use the proper standard of proof as to certain enhancements, arguing for a reasonable doubt standard instead of a preponderance standard. The government argues this claim has been waived. Regardless of whether there has been a waiver, however, there was no error. This court has squarely addressed and rejected the claim that a reasonable doubt standard applies to sentencing disputes post-Booker. See, e.g., United States v. Kilby, 443 F.3d 1135, 1140-41 (9th Cir.2006); United States v. Clark, 452 F.3d 1082, 1085-86 (9th Cir.2006).

Prime argues in the alternative that if a reasonable doubt standard does not apply, then a clear and convincing evidence standard applies because the enhancements were disproportionate to his base…