United States v. Sergio Ortiz-Lucatero
This text of 653 F. App'x 863 (United States v. Sergio Ortiz-Lucatero) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER *
The Joint Motion to Summarily Reverse and Remand is GRANTED. We remand for resentencing on a closed record as to the conviction under California Health and Safety Code § 11352(a), but otherwise on an open record. See United States v. Espinoza-Morales, 621 F.3d 1141, 1152 (9th Cir. 2010) (remanding on closed record where government failed to show that pri- or convictions qualified as crimes of violence and did not identify any additional materials it could offer at resentencing); United States v. Matthews, 278 F.3d 880, 885-90 (9th Cir. 2002) (en banc).
SENTENCE VACATED; REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
653 F. App'x 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sergio-ortiz-lucatero-ca9-2016.