35 F. App'x 630

UNITED STATES of America, Plaintiff-Appellee, v. Freytman Odilion CARRILLO-TORRES, Defendant-Appellant.

No. 00-50764.

D.C. No. CR-99-02581-J.

United States Court of Appeals, Ninth Circuit.

Submitted May 13, 2002 *.

Decided May 24, 2002.

*631Before FERNANDEZ, THOMAS, and WARD LAW, Circuit Judges.

MEMORANDUM **

Freytman Odilion Carrillo-Torres appeals the 63-month sentence imposed after his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 18 U.S.C. § 3742, and we vacate and remand.

Carrillo-Torres contends the district court erred by enhancing his sentence for his prior felony conviction for driving under the influence, in violation of Cal. Veh. Code § 23152. We review de novo the district court’s interpretation of the Sentencing Guidelines. See United States v. Trinidad-Aquino, 259 F.3d 1140, 1142 (9th Cir.2001).

After the district court rendered its decision, we determined a § 23152 conviction cannot be used to enhance a sentence pursuant to U.S.S.G. § 2L1.2(b)(1)(A). See United States v. Portillo-Mendoza, 273 F.3d 1224, 1228 (9th Cir.2001); cf. United States v. Corona-Sanchez, 234 F.3d 449 (9th Cir.2000), reh’g en banc granted, 265 F.3d 1079 (9th Cir.2001). Because the district court did not have the benefit of our decision in Portillo-Mendoza, we vacate and remand for further proceedings.

VACATED and REMANDED.

United States v. Carrillo-Torres
35 F. App'x 630

Case Details

Name
United States v. Carrillo-Torres
Decision Date
May 24, 2002
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35 F. App'x 630

Jurisdiction
United States

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