146 F. App'x 219

UNITED STATES of America, Plaintiff—Appellee, v. Paulino FLORES-DELGADO, Defendant—Appellant.

No. 04-30343.

D.C. No. CR-04-02035-LRS.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 11, 2005.*

Decided Oct. 18, 2005.

James P. Hagarty, Office of the U.S. Attorney, YaMma, WA, for Plaintiff-Appellee.

Nicholas W. Marchi, Carney & Marchi, P.S., Seattle, WA, for Defendant-Appellant.

Before T.G. NELSON, WARDLAW and TALLMAN, Circuit Judges.

MEMORANDUM**

Paulino Flores-Delgado appeals the 41-month sentence imposed following his guilty plea conviction for being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We conclude from the district court’s comments at Flores-Delgado’s sentencing hearing that there is “a reasonable probability that he would have received a different sentence had the district judge known that the sentencing guidelines were advisory.” See United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005) (en banc). Accordingly, we vacate Flores-Delgado’s sentence and remand for resentencing. See United States v. Beaudion, 416 F.3d 965, 970 (9th Cir.2005).

VACATED and REMANDED.

United States v. Flores-Delgado
146 F. App'x 219

Case Details

Name
United States v. Flores-Delgado
Decision Date
Oct 18, 2005
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146 F. App'x 219

Jurisdiction
United States

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