United States v. Ameline, __ F.3d __, 2005 WL 350811 (9th Cir. Feb. 9, 2005) (Booker applies to all criminal cases pending on direct appeal at the time it was rendered; defendants sentence violated the Sixth Amendment, constituted plain error, and seriously affected the fairness of Amelines proceedings; when pre-sentence report is challenged, burden falls upon the government to produce reliable evidence to establish factual predicate for courts base offense level determination; neither court nor government may rely on factual statements in PSR).