58 F. App'x 676

UNITED STATES of America, Plaintiff-Appellee, v. Diego ORTEGA-MARTINEZ, Defendant-Appellant.

No. 01-50673.

D.C. No. CR-00-03888-JKS.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 13, 2003.*

Decided Jan. 17, 2003.

*677Before BEEZER, KLEINFELD, and PAEZ, Circuit Judges.

MEMORANDUM**

Diego Ortega-Martinez appeals his 21-month sentence and three-year term of supervised release imposed following his guilty-plea conviction for unlawful re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand.1

Ortega-Martinez contends that our recent decision in United States v. Corona-Sanchez, 291 F.3d 1201, 1213 (9th Cir. 2002) (en banc), warrants reversal of his sentence. We agree.

The district court enhanced Ortega-Martinez’s sentence pursuant to U.S.S.G. § 2L1.2(b)(l)(A) (2000) on the grounds that his prior conviction under California Penal Code §§ 484, 666 was an aggravated felony under 8 U.S.C. § 1101(a)(43)(G). We have since held that a petty theft conviction under California Penal Code §§ 484, 666 does not constitute an aggravated felony for federal sentencing purposes. See Corona-Sanchez, 291 F.3d at 1213.

Accordingly, we reverse Ortega-Martinez’s sentence and remand to the district court for re-sentencing.

We deny Ortega-Martinez’s motion for summary reversal filed July 1, 2002, as moot.

REVERSED and REMANDED for RESENTENCING.

United States v. Ortega-Martinez
58 F. App'x 676

Case Details

Name
United States v. Ortega-Martinez
Decision Date
Jan 17, 2003
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58 F. App'x 676

Jurisdiction
United States

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