United States v. Jose Manuel Contreras-Hernandez, Aka: Jose Manuel Contreras Hernandez

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Manuel CONTRERAS-HERNANDEZ, aka: Jose Manuel Contreras Hernandez, Defendant-Appellant. No. 95-50058. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 23, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Jose Manuel Contreras-Hernandez appeals his 30-month sentence imposed following his guilty plea to illegal reentry of a deported alien, in violation of 8 U.S.C. Sec. 1326 (a). Contreras-Hernandez contends that the district court erred by failing to afford him his right of allocution, and by refusing to depart downward for extraordinary family circumstances under U.S.S.G. Sec. 5H1.6. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand for resentencing. 3 Contreras-Hernandez contends that the district court erred by failing to afford him his right of allocution. Before…