Garcia

MEMORANDUM

Jesus Aguilar-Garcia appeals his sentence for illegal reentry in violation of 8 U.S.C. § 1326 . We have jurisdiction under 18 U.S.C. § 3742 (a). We vacate Aguilar-Garcia’s sentence and remand for further proceedings before a different district judge.

1. Aguilar-Garcia’s claim that the government breached its plea agreement was within the scope of our resentencing mandate. “[A]s a general matter, if a district court errs in sentencing, we will remand for resentencing on an open record — that is, without limitation on the evidence that the district court may consider.” United States v. Matthews, 278 F.3d 880, 885 (9th Cir. 2002) (en banc). Here, we explicitly “remand[ed] for resentencing on an open record.” Although our resentencing mandate identified certain errors in the district court’s original sentencing, our mandate had no express limitations. The district court was therefore “free to consider any matters relevant to sentencing, even those that may not have been raised at the first sentencing hearing, as if it were sentenc- mg de novo.” Id. at 885-86 . Aguilar-Garcia’s claim that the government breached its plea agreement was relevant to sentencing, and the…