Vences

FILED

NOT FOR PUBLICATION MAR 02 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 07-50541

Plaintiff - Appellee, D.C. No. CR-07-00602-TJW

v.

MEMORANDUM *

RODOLFO VENCES,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Thomas J. Whelan, District Judge, Presiding

Submitted February 16, 2010 **

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Rodolfo Vences appeals from the 41-month sentence imposed following his

guilty-plea conviction for being a deported alien found in the United States, in

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We affirm, but remand to correct the judgment.

Vences contends that the district court erred by applying a…