
    UNITED STATES of America, Plaintiff—Appellee, v. Nicholas E. DEAN, Defendant—Appellant.
    No. 04-50121.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 12, 2005.
    
    Decided Sept. 16, 2005.
    Wesley L. Hsu, Esq., USLA—Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.
    Michael Tanaka, Esq., FPDCA—Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.
    Before: REINHARDT, RYMER and HAWKINS, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Nicholas E. Dean appeals his 33-month sentence following his guilty plea to one count of conspiracy to commit access device fraud and two counts of access device fraud, in violation of 18 U.S.C. § 1029. We have jurisdiction under 28 U.S.C. § 1291.

We remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc).

REMANDED. 
      
       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.
     