Gonzalez

SUPPLEMENTAL MEMORANDUM *

Daniel Gonzalez appeals his sentence imposed for his conviction for health care fraud, 18 U.S.C. § 1347 , following a jury trial. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate the sentence imposed and remand to the district court for resentencing.

The district court clearly erred when it determined that the clear and convincing evidence standard for sentence enhancements no longer applies post United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). See United States v. Staten, 466 F.3d 708, 720 (9th Cir.2006) (“[Tjhis circuit’s established rule, requiring facts found in support of Guidelines enhancements that turn out to have a disproportionate impact on the ultimate sentence imposed to be established by clear and convincing evidence, continues to govern sentencing decisions.”).

The base offense level for Gonzalez’s offense is 6. See U.S.S.G. § 2F1.1 (2000). The district court applied an 11-levél enhancement for the amount of loss caused by the fraud, id. § 2Fl.l(b)(l), a 2-level enhancement for Gonzalez’s “more than minimal planning” role, id. § 2Fl.l(b)(2), a 3-level enhancement for his supervisory role in…