United States v. Eduardo Martinez-Roman

990 F.2d 1263 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eduardo MARTINEZ-ROMAN, Defendant-Appellant. No. 92-10594. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 6, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Eduardo Martinez-Roman appeals from his 63-month sentence, imposed following his conviction by guilty plea, for illegal reentry after having been deported in violation of 18 U.S.C. § 1326 . Martinez-Roman 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…