228 F. App'x 783

UNITED STATES of America, Plaintiff-Appellee, v. Manuel LOPEZ-ARCEO, Defendant-Appellant.

No. 06-30139.

United States Court of Appeals, Ninth Circuit.

*784Submitted April 16, 2007.*

Filed April 20, 2007.

Pamela Jackson Byerly, Esq., Office of the U.S. Attorney, Spokane, WA, for Plaintiff-Appellee.

Tracy Staab, Federal Public Defender’s Office, Spokane, WA, for Defendant-Appellant.

Before: O’SCANNLAIN, CLIFTON, and BEA, Circuit Judges.

MEMORANDUM **

Manuel Lopez-Arceo appeals from his sentence imposed following his guilty plea to illegal reentry of a deported alien in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand.

Lopez-Arceo contends that the district court improperly imposed an eight-level increase in his offense level under U.S.S.G. § 2L1.2(b)(l)(C) based on his prior convictions. In light of the Supreme Court’s recent decision in Lopez v. Gonzales, — U.S. -, 127 S.Ct. 625, 633, 166 L.Ed.2d 462 (2006), the parties have filed a joint motion requesting that we remand the case for re-sentencing. We grant that motion, vacate the sentence, and remand for re-sentencing.

The mandate shall issue forthwith.

VACATED and REMANDED.

United States v. Lopez-Arceo
228 F. App'x 783

Case Details

Name
United States v. Lopez-Arceo
Decision Date
Apr 20, 2007
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228 F. App'x 783

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United States

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