United States v. Nava-Correa
United States v. Nava-Correa
Opinion of the Court
MEMORANDUM
Homero Nava-Correa appeals the sentence imposed following his guilty plea to unlawfully entering the United States after having been previously deported in violation of 8 U.S.C. §§ 1326(a) and (b)(2).
Nava-Correa contends that the district court erred in applying the Sentencing Guidelines as mandatory when imposing his sentence. Because Nava-Correa was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory, we remand to the district court to answer that
On remand we also direct the district court to correct the judgment to exclude the reference to 8 U.S.C. § 1326(b)(2). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000).
REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.