United States v. Jorge Perez-Covarrubias

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jorge PEREZ-COVARRUBIAS, Defendant-Appellant. No. 92-30243. 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 Jorge Perez-Covarrubias appeals his sentence imposed following entry of a guilty plea to being an alien in the United States after deportation, in violation of 8 U.S.C. § 1326 . Perez-Covarrubias contends that the district court erred by sentencing him as though he were convicted for a violation of 8 U.S.C. § 1326 (b) where the indictment was sufficient only to sustain a conviction under 8 U.S.C. § 1326 (a). 1 We have jurisdiction under 28 U.S.C. § 1291 and we vacate the sentence and remand for resentencing. 3 The legality of a sentence is reviewed de novo. United States v. Hahn, 960 F.2d 903, 907 (9th…