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holding that it was "irrelevant that Delgado had no actual knowledge of the gun" because it was "reasonably foreseeable that his co-defendant would possess a gun during the execution of a bank robbery"
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MIRANDA-NUNE D No. 92-50213
12-11-1992
UNITED STATES of America, Plaintiff-Appellee,
v.
Alfonso MIRANDA-NUNEZ, Defendant-Appellant.
Submitted Dec. 11, 1992.
Decided Dec. 16, 1992.
Before FERGUSON, CANBY and DAVID R. THOMPSON, Circuit Judges. MEMORANDUM
Alfonso Miranda-Nunez appeals the sentence he received after he pleaded guilty to a one-count indictment charging him with illegal reentry into the United States, in violation of 8 U.S.C. § 1326. The indictment did not allege a prior felony conviction and, therefore, it charged Miranda-Nunez with a violation of 8 U.S.C. § 1326(a), simple reentry after deportation. See United States v. Campos-Martinez, No. 91-50756, slip op. 11877 (9th Cir. Oct. 5, 1992). "The maximum sentence for that charge is two years in prison." United States v. Arias-Granados, 941 F.2d 996, 997 (9th Cir.1991). Miranda-Nunez received a sentence that exceeded the statutory two-year maximum. Therefore, we vacate the sentence and remand for resentencing.
SENTENCE VACATED AND REMANDED FOR RESENTENCING. --------------- * The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4. ** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3.