United States v. Jose Galves-Gutierres

978 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose GALVES-GUTIERRES, Defendant-Appellant. No. 91-50826. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1992. Decided Nov. 5, 1992. Before JAMES R. BROWNING, DAVID R. THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Galves-Gutierres appeals the imposition, under the Sentencing Guidelines, of a thirty month sentence for transporting illegal aliens. We vacate, because a controlling decision has come down since his sentencing which requires that the district court either make additional findings, or sentence Galves-Guttieres again, depending on what findings may be made. 3 We review a sentencing court's legal determinations de novo. United States v. Cervantes Lucatero, 889 F.2d 916, 917 , (9th Cir.1989). 4 We recently held that multiplying the upward adjustment of 3C1.2 based on the number of individuals endangered is…