United States v. Jorge Aguila

392 F. App'x 601

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 24, 2010
• Docket: 10-50209
• Status: Unpublished

Opinion

MEMORANDUM **

Jorge Antonio Aguila appeals from the sentence imposed following revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and.we vacate and remand.

Aguila contends the district court abused its discretion by sentencing him based on an offense of unlawful sexual intercourse with a minor that never occurred. We vacate and remand for resen-' fencing because it is not clear from the record whether the district court considered the non-existent offense in imposing its sentence at the revocation hearing. See, e.g., United States v. Rodriguez-Martinez, 25 F.3d 797, 800 n. 3 (9th Cir.1994) (remanding on another ground, but stating that “the record is unclear as to whether the sentencing court considered a 1974 narcotics conviction to be evidence of Rodriguez’s recidivist nature”).

We do not reach Aguila’s remaining contention.

SENTENCE VACATED AND REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.