United States v. Alfred Arnold Ameline

PAEZ, Circuit Judge:

In light of the Supreme Court’s recent decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we granted appellant Alfred Ameline’s petition for rehearing to reconsider our decision in United States v. Ameline, 376 F.3d 967 (9th Cir.2004). In our original opinion, we held that, because Ame-line’s sentence under the United States Sentencing Guidelines was based on facts found by the district judge by a preponderance of the evidence, his sentence violated the Sixth Amendment as construed by the Supreme. Court in Blakely v. Washington, — U.S. -,…