United States v. Hector Ortiz-Cortez

983 F.2d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Hector ORTIZ-CORTEZ, Defendant-Appellant. No. 92-50407. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 11, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Hector Ortiz-Cortez appeals from his sentence, imposed after he pleaded guilty to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . Ortiz-Cortez contends that the district court erred by sentencing him to a term of imprisonment in excess of the two-year statutory maximum sentence for the offense to which he pleaded guilty. We have jurisdiction under 28 U.S.C. § 1291 and we vacate the sentence and remand for resentencing. 3 The existence of a prior felony conviction is a necessary element of the offense of illegal reentry following deportation after a felony conviction under 8 U.S.C. §…