United States v. Mario Moreno-Hernandez

999 F.2d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 MORENO-HERNANDEZ Defendant-Appellant No. 92-50573. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1993. * Decided July 26, 1993. 1 Before NOONAN and LEAVY, Circuit Judges, and TANNER ** , Senior District Judge. 2 MEMORANDUM *** 3 Defendant Mario Moreno-Hernandez appeals his 125-month sentence imposed following his jury conviction for conspiracy to transport illegal aliens, 2 counts of transporting aliens, and being an alien found in the United States after being deported pursuant to conviction for a felony. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm his conviction, but vacate his sentence and remand for resentencing consistent with 8 U.S.C. § 1326 (b)(1). I. Background 4 Defendant was tried by jury and found guilty on all counts. The court sentenced defendant to 60 months on counts 1-3, conspiracy and smuggling…