Yates

MEMORANDUM *

Paul Yates and William F. McCray appeal their jury convictions and sentences arising out of their actions in connection with companies that purportedly solicited and traded investment funds in foreign currencies. 1 Yates was sentenced before the Supreme Court’s decisions in United States v. Booker and United States v. Fanfan, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Yates challenges his sentence because the court found facts at sentencing which increased the guideline range and followed the guidelines as if they were mandatory. In this case, as in United States v. Ameline, we are faced with “an unpreserved Booker error that may have affected [Yates’] substantial rights, and the record is insufficiently clear to conduct a complete plain error analysis!.]” 409 F.3d 1073, 1074 (9th Cir. 2005) (en banc). Accordingly, we grant a limited Ameline remand so that the district court can determine whether the sentence would be different under an advisory guidelines scheme. 2 Yates should have an opportunity to provide his views on re *543 mand. Specifically, “views of counsel, at least in writing,” should be obtained. Id. at 1085 (citing United States v. Crosby,…