Opinion
This panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Kevin P. Rooney, AUSA, Office of the U.S. Attorney, Fresno, CA, for Plaintiff-Appellee.
Katherine L. Hart, Esq., Law Offices of Katherine L. Hart, Fresno, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of California, Oliver W. Wanger, District Judge, Presiding. D.C. No. CR-03-05016-OWW.
Before: KLEINFELD, HAWKINS, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
This court deferred submission of this matter pending the decision in United
Page 158.
States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). This case is now submitted for decision as of June 3, 2005, and remanded to the district court for consideration in light of United States v. Booker, --- U.S. ----, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), under the procedures established in Ameline, 409 F.3d 1073.