Opinion
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Jo Ann Farrington, Esq., USAK--Office of the U.S. Attorney, Anchorage, AK, for Plaintiff--Appellee.
Kenneth E. Kanev, Esq., Seattle, WA, for Defendant--Appellant. D.C. No. CR-02-00067-RRB.
Before: HALL, KLEINFELD, and WARDLAW, Circuit Judges.
ORDER
We remand the sentence imposed in this case to the district court, without vacating the sentence, to follow the procedure established in the en banc decision of United States v. Ameline, and to consider whether the sentence would have been materially different in light of United States v. Booker.
United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).
United States v. Booker, --- U.S. ----, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).