United States v. Aguilar-Hernandez

MEMORANDUM

Jorge Aguilar-Hernandez appeals from the 37-month sentence imposed following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate Aguilar-Hernandez’s sentence and remand for resentenc-ing.

Aguilar-Hernandez contends that the district court erred by assigning him two criminal history points, pursuant to U.S.S.G. § 4Al.l(d), because there was insufficient evidence that he was on parole at the time he committed the instant offense. We cannot resolve the issue on this record.

Accordingly, we vacate Aguilar-Hernandez’s sentence and remand to the district court for further consideration.

VACATED and REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.