United States v. Ortiz Portillo

171 F. App'x 657

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 17, 2006
• Docket: No. 04-50395
• Status: Published

Opinion

MEMORANDUM

**

Jesus Tomas Ortiz Portillo appeals from the 57-month sentence imposed following his guilty plea to being an illegal alien found in the United States after having been deported, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We remand to the sentencing court for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). See United States v. Moreno-Hemandez, 419 F.3d 906, 916 (9th Cir.2005). On remand, the district court shall amend the judgment to reflect the statute of conviction.

REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.