
    UNITED STATES of America, Plaintiff-Appellee, v. Charles Joseph Avestro BECKER, Defendant-Appellant.
    No. 03-50342.
    United States Court of Appeals, Ninth Circuit.
    Sept. 8, 2004.
    Bruce Searby, Esq., Damien Martinez, Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.
    
      Kathryn A. Young, Esq., Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant. D.C. No. CR-01-00976-DT-01.
    Before: FARRIS, KOZINSKI, and SILVERMAN, Circuit Judges.
   ORDER

The petition for rehearing is granted only as to the issue concerning Blakely v. Washington, — U.S. —, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and United States v. Ameline, 376 F.3d 967 (9th Cir.2004). Because the portion of Becker’s sentence that is clearly unaffected by Blakely and Ameline has expired, we remand Becker’s sentence for such further proceedings as the district court deems appropriate under the circumstances. See United States v. Castro, No. 03-50444 (9th Cir. Aug. 27, 2004).  