The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of this court, and less than a majority of the judges having favored the suggestion, the petition for rehearing has been referred to the original panel.

The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. Accordingly, the petition is denied. Judge Martin would grant rehearing for the reasons stated in his dissent.

RONALD LEE GILMAN, Circuit Judge. Pursuant to a plea agreement, Natanael Novales pled guilty to one count of conspiracy to possess cocaine with the intent to distribute the drug. The parties agreed to recommend a sentence of 105 months’ imprisonment. At Novales’s sentencing hearing, however, the district court sentenced him to 110 months of imprisonment without any indication that the court had calculated the applicable Guidelines range. The court later issued written minutes and a formal judgment that inconsistently fixed Novales’s sentence at 100 months of imprisonment. Novales now appeals. For the reasons set forth below, we VACATE Novales’s sentence and REMAND for resentencing.

SUTTON, Circuit Judge. The warden appeals an order conditionally granting habeas corpus to Manuel Arias on the ground that his sentence violates Blakely v. Washington, 542 U.S. 296 (2004). Arias’s sentence does not violate Blakely, however, because the judicial fact-finding at issue merely increased his minimum sentence. We accordingly reverse.