United States v. Rodriguez-Olvedo

146 F. App'x 903

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 21, 2005
• Docket: No. 04-50481
• Status: Published

Opinion

MEMORANDUM

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Federico Rodriguez-Olvedo appeals his 57-month sentence imposed following a guilty-plea conviction for being an illegal alien found in the United States following deportation and conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291.

Because appellant was sentenced under the then-mandatory Sentencing Guidelines, and we cannot reliably determine from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory, 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. Hermoso-Garcia, 413 F.3d 1085, 1089-90 (9th Cir.2005).

SENTENCE 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 9 th Cir. R. 36-3.