Court of Appeals for the Ninth Circuit October 21, 2005, No. 05-30070 (United States v. Crill)

MEMORANDUM ***

Crill argues that United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), requires that sentencing classifications under 18 U.S.C. § 3559(a) be determined using the maximum term allowed by the Sentencing Guidelines, rather than the maximum term provided under the law describing the offense. This interpretation is incorrect.