United States v. Mario Torrez-Martinez

993 F.2d 887 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario TORREZ-MARTINEZ, Defendant-Appellant. No. 92-50094. United States Court of Appeals, Ninth Circuit. Submitted March 2, 1993. * Decided May 11, 1993. Before: D.W. NELSON, BRUNETTI, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Mario Torrez-Martinez ("Torrez") pleaded guilty to one count of illegal transportation of aliens, in violation of 8 U.S.C. § 1324 (a)(1)(B). The district court twice sentenced him, and twice the sentence was remanded. Torrez appeals from the district court's third sentence. We reverse and remand for resentencing. 3 * On March 19, 1988, Torrez was arrested, after a high-speed chase and a scuffle with law enforcement officers, for transporting 13 illegal aliens in the back of a 1973 Buick. We vacated his sentence based on our finding that the Sentencing Guidelines were unconstitutional. Subsequently, the Supreme Court…