LeMay

MEMORANDUM **

In these consolidated appeals, Deanne LeMay appeals from the district court’s order declining to resentence her following remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), and from the district court’s order concluding that it lacked authority to grant an extension of time to file a notice of appeal irom the order declining to resentence LeMay.

LeMay contends that the ten day period to file a notice of appeal pursuant to Fed. R.App. P. 4(b) did not begin to run following the entry of the order declining to resentence her, because she lacked counsel and was not notified of her right to appeal pursuant to Fed.R.Crim.P. 32(j)(l)(B). We conclude that Fed.R.Crim.P. 32(j)(l)(B) does not apply to the district court’s determination as to whether resentencing is warranted following remand under Ameline , because that rule applies only after sentencing, and the Ameline determination on remand does not constitute “sentencing” for purposes of the rule. See United States v. Silva, 472 F.3d 683, 688-89 (9th Cir.2007) (rejecting the contention that Rule 32 gives rise to a right to allocution prior to the district court’s determination as to…