Opinion
No. 08-50368.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 15, 2010.
Steve Miller, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Cristina Gabrielidis Lechman, Esquire, Lechman Lechman, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Marilyn L. Huff, District Judge, Presiding. D.C. No. 3:07-cr-01091-MLH.
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Clemente Moises Pulido-Jauregui appeals from the 57-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm, but remand to correct the judgment.
Pulido-Jauregui contends, among other things, that the district court erred by applying a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A) because his prior conviction for assault on a federal officer, in violation of 18 U.S.C. § 111, does not constitute a crime of violence. We are precluded from reaching the merits of Pulido-Jauregui's claims by the valid appeal waiver. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007); see also United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc).
In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir. 2000), we remand the case to the district court with instructions that it delete from the judgment the incorrect reference to § 1326(b). See United States v. HerreraBlanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to delete the reference to § 1326(b)).
The government's motion for judicial notice is denied as moot.