U.S. Court of Appeals for the Ninth Circuit, 2005

United States v. Cruz-Ponce

United States v. Cruz-Ponce
U.S. Court of Appeals for the Ninth Circuit · Decided October 18, 2005 · Nelson, Tallman, Wardlaw
145 F. App'x 611

United States v. Cruz-Ponce

Opinion of the Court

MEMORANDUM**

Juan Ricardo Cruz-Ponce appeals the 77-month sentence imposed following his conviction by guilty plea for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 18 U.S.C. § 3742(a).

Because appellant was sentenced under mandatory Sentencing Guidelines, we remand for further proceedings consistent with United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). See United States v. Moreno-Hernandez, 419 F.3d 906, 916 (9th Cir. 2005) (extending Ameline’s limited remand procedure to cases involving non-constitutional error under United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005)).

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 9 th Cir. R. 36-3.

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