United States v. Francisco Acevedo-Cerbellon

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco ACEVEDO-CERBELLON, Defendant-Appellant. No. 93-50500. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1993. * Decided May 26, 1993. Before: CHOY, GOODWIN, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Acevedo-Cerbellon pled guilty to illegally entering this country after deportation in violation of 8 U.S.C. § 1326 , and received a sentence of 84 months imprisonment. Acevedo-Cerbellon appeals from this sentence, arguing that the sentence exceeded the statutory maximum sentence of two years imprisonment. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate the sentence and remand for resentencing. 3 Title 8 U.S.C. § 1326 (a) provides that any alien who has been deported and thereafter is found in the United States "shall be fined ... or imprisoned not more than 2 years, or both." 8 U.S.C. § 1326 (a)…