United States v. Flores-Arvizu
United States v. Flores-Arvizu
Opinion of the Court
MEMORANDUM
Napoleon Flores-Arvizu appeals from the 30-month sentence imposed following his guilty-plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand. ,
Flores-Arvizu contends that the government failed to meet its burden of estab
“The government will have the opportunity at re-sentencing to offer additional judicially-noticeable evidence to support the enhancement.” Navidad-Marcos, 367 F.3d at 909.
In his reply brief, Flores-Arvizu moves to strike pages 47-78' of the government’s Supplemental Excerpts of Record. Because these documents are not properly part of the record on appeal, this motion is granted without prejudice to the government submitting these documents to the district court upon re-sentencing. See Fed R.App. P. 10(a); Ninth Circuit Rule 10-2.
VACATED and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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