
    UNITED STATES of America, Plaintiff—Appellee, v. Herman LEMUSU, Defendant—Appellant.
    No. 05-10662.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 4, 2006.
    
    Filed Dec. 18, 2006.
    Kenneth M. Sorenson, Esq., USH-Office of the U.S. Attorney, Honolulu, HI, for Plaintiff-Appellee.
    Herman Lemusu, Terminal Island, CA, pro se.
    Before: GOODWIN, LEAVY, and FISHER, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Herman Lemusu appeals from the 360-month sentence imposed after remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Lemusu contends that his original base offense level was impermissibly increased by six points based on facts not found by a jury and therefore, the district court erred when it declined to re-sentence him on remand. This contention is foreclosed. See Ameline, 409 F.3d at 1077-78, 1084-85.

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
     