United States v. Ernesto Cruz-Arana

976 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ernesto CRUZ-ARANA, Defendant-Appellant. No. 91-50742. United States Court of Appeals, Ninth Circuit. Submitted June 1, 1992. * Decided Sept. 17, 1992. Before POOLE, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Ernesto Cruz-Arana (Cruz) appeals the sentence imposed by the district court after Cruz pleaded guilty to one count of transporting illegal aliens in violation of 8 U.S.C. § 1324 . We vacate and remand for resentencing. FACTS 3 On April 8, 1991, Cruz transported three passengers into the country illegally. He knew their illegal status when he agreed to transport them. One alien rode with him in the front seat of his vehicle, a 1978 Oldsmobile Cutlass, and the other two were concealed in the trunk. 4 The Border Patrol agent at the San Clemente, California immigration checkpoint referred Cruz to a secondary inspection station. The parties…