United States v. Esquer-Flores
Opinion of the Court
MEMORANDUM
Juan Manuel Esquer-Flores appeals from the 70-month sentence imposed following his guilty-plea conviction for unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.
However, because Esquer-Flores 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 sentencing judge to proceed pursuant to United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir. 2005) (en banc). See United States v. Moreno-Hernandez, 419 F.3d 906, 915-16 (9th Cir. 2005) (extending Ameline’s limited remand procedure to cases involving non-constitutional error).
AFFIRMED in part and 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.
Reference
- Full Case Name
- United States v. Juan Manuel ESQUER-FLORES, a.k.a. Martin Ibanez
- Status
- Published