Diaz-Argueta

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-10224 Plaintiff-Appellee, D.C. No. v.  CR-04-00094-HDM/

ANIBAL JOSE DIAZ-ARGUETA, RAM

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding

Argued and Submitted January 13, 2006—San Francisco, California

Filed May 16, 2006

Before: John T. Noonan, A. Wallace Tashima, and William A. Fletcher, Circuit Judges.

Opinion by Judge Noonan COUNSEL

Cynthia S. Hahn, Reno, Nevada, for the defendant-appellant.

R. Don Gifford, Assistant United States Attorney, for the plaintiff-appellee.

OPINION

NOONAN, Circuit Judge:

Anibal Jose Diaz-Argueta (Diaz) appeals the sentence he received from the district court after pleading guilty to ille- 5322 UNITED STATES v. DIAZ-ARGUETA gally reentering the United States following deportation in violation of 8 U.S.C. § 1326. We vacate the sentence of the district court and remand for resentencing in accordance with 18 U.S.C. §…