MEMORANDUM **

Herbert A. Bates appeals from the district court's decision following limited remand under United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc), that it would not have imposed a materially different sentence had it known that the Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Bates contends that his sentence is improperly multiplicitous, and that his sentence should be rectified on appeal, rather than in a subsequent 28 U.S.C. § 2255 proceeding. We are not persuaded. Under the law of the case doctrine, we decline to reexamine this Court’s prior conclusion in United States v. Smith, 424 F.3d 992, 999-1003 (9th Cir. 2005), that Bates faded to demonstrate plain error. See Old Person v. Brown, 312 F.3d 1036, 1039 (9th Cir. 2002).

AFFIRMED.