United States v. Sergio Ortiz-Lucatero

653 F. App'x 863

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.