United States v. Hector Alba-Esqueda

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Hector ALBA-ESQUEDA, Defendant-Appellee. No. 93-50294. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1994. * Decided June 23, 1994. Before: WALLACE, Chief Judge, FARRIS and KLEINFELD, Circuit Judges. MEMORANDUM 1 The government appeals from Alba-Esqueda's judgment of conviction, contending the district court improperly departed from the range of 77 to 96 months arrived at in the presentence report under the Sentencing Guidelines. Alba-Esqueda pleaded guilty to being present in the United States after prior deportations in violation of 8 U.S.C. Sec. 1326 (a), (b)(1), (b)(2). The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231 . We have jurisdiction over this timely appeal pursuant to 18 U.S.C. Sec. 3742 . We vacate and remand. 2 The district court departed because, upon Alba-Esqueda's deportations, he was given Immigration and…