Opinion
No. 11-30014 No. 11-30018 D.C. No. 1:10-cr-30038-PA-1 D.C. No. 1:10-cr-30078-PA-1
12-21-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUAN ANTONIO MURO-SANCHEZ, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Oregon
Owen M. Panner, Senior District Judge, Presiding
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
In these consolidated appeals, Juan Muro-Sanchez appeals the sentence imposed following his guilty plea to illegal reentry after deportation, and the sentence imposed upon revocation of supervised release in connection with a prior illegal reentry conviction. The district court applied an 8-level increase to Muro-Sanchez's guideline level sentence pursuant to U.S.S.G. § 2L1.2(b)(1)(C) based on his prior conviction for second degree commercial burglary under California Penal Code § 459.
We agree with the parties that under United States v. Aguila-Montes de Oca, 655 F.3d 915 (9th Cir. 2011) (en banc) (per curiam), the district court erred in treating defendant's prior California burglary conviction as an aggravated felony. The sentence is vacated, and remanded for resentencing in light of Aguila-Montes de Oca.
SENTENCE VACATED; REMANDED FOR RESENTENCING.