Opinion
Argued and Submitted August 7, 2003.
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Bill Gallo, Mark R. Rehe, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Frank J. Ragen, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California; Marilyn L. Huff, District Judge, Presiding.
Before KOZINSKI and T.G. NELSON, Circuit Judges, and RESTANI, Judge.
The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation.
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.
Ross argues that his sentence violates the Sixth Amendment and must be remanded for a new trial or resentencing. Consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc), we "remand to the district court ... for the [limited] purpose of ascertaining whether the sentence imposed would have been materially different had the district court known that the sentencing guidelines were advisory." Id. at 1074-75.
REMANDED.