Crisolo

MEMORANDUM **

Shayne M. Crisolo appeals from the district court’s decision, following a limited remand under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc), that it would not have imposed a different sentence had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Crisolo contends that the district court would have imposed a different sentence on remand if it had understood that the Sentencing Guidelines were advisory. In declining to re-sentence Crisolo, the district court discussed the implications of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and Ameline , discussed the § 3553(a) factors it considered when it originally sentenced Crisolo, and clearly stated that the selected sentence was appropriate and would not have been different had the Guidelines been advisory at the time of sentencing. We thus conclude that the district court properly understood its discretion. United States v. Combs, 470 F.3d 1294, 1296-97 (9th Cir.2006).

Crisolo’s contention that consideration of his criminal history as a § 3553(a) factor violates double jeopardy is…