United States v. Perez-Diaz

167 F. App'x 600

Opinion

MEMORANDUM**

Rafael Perez-Diaz appeals from the 48-month sentence imposed following his guilty plea conviction to unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Perez-Diaz contends that the district court committed plain error in applying a 16-level enhancement for a prior crime of violence without “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.” United States v. Corona-Sanchez, 291 F.3d 1201, 1203 (9th Cir.2002) (en banc) (internal quotations omitted). We agree. The district court plainly erred in relying solely on the description in the pre-sentencing report. United States v. Pimentel-Flores, 339 F.3d 959, 968 (9th Cir.2003).

Accordingly, we vacate the sentence and remand for the district court to determine whether Perez-Diaz’s prior conviction is a crime of violence within the meaning of U.S.S.G. § 2L1.2(b)(l)(A)(ii).

VACATED and REMANDED.

Footnotes

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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.