United States v. Bertin Garcia-Azpeitia.

985 F.2d 575 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Bertin GARCIA-AZPEITIA., Defendant-Appellant No. 91-50819. United States Court of Appeals, Ninth Circuit. Argued Jan. 6, 1993. Decided Jan. 27, 1993. Appeal from the United States District Court for the Southern District of California, No. CR 90-0106-E; William B. Enright, District Judge, Presiding. S.D.Cal. [Appeal after Remand from 940 F.2d 1536 ] VACATED AND REMANDED. 1 Before CANBY and ALAN E. NORRIS, Circuit Judges, and TANNER, * Senior District Judge. 2 MEMORANDUM ** 3 Garcia-Azpeitia appeals the imposition, under the Guidelines, of a thirty month sentence. We vacate and remand for resentencing. 4 This is Garcia-Azpeitia's second appeal for his conviction in April of 1990 for transporting illegal aliens. This case was first reversed based upon United States v. Lira-Barraza, 941 F.2d 745 (9th Cir.1991) (en banc). He was initially sentenced to thirty months…