United States v. Mario Mendoza-Lopez

5 F.3d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 MENDOZA-LOPEZ, Defendant-Appellant. No. 91-10600. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1993. * Decided Sept. 1, 1993. Appeal from the United States District Court for the District of Arizona, No. CR-90-00273-RMB; Richard M. Bilby, Chief Judge, Presiding. D.Ariz. VACATED AND REMANDED. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Mario Mendoza-Lopez appeals his 60-month sentence, following a bench trial, for illegal reentry after deportation in violation of 8 U.S.C. Sec. 1326 (b)(1). Mendoza-Lopez contends the district court erred by: (1) departing upward from the applicable Guidelines range without specifying those events in his criminal history that the court found underrepresented; and (2) failing to explain the extent of its departure by analogizing to higher criminal history categories. We have…