Arreola

United States v. Arreola

Good Law
7 F. App'x 673
United States Court of Appeals for the Ninth CircuitMarch 28, 2001No. 00-50388; D.C. No. CR-99-01257-R-1ACalifornia336 words

Opinion

Lead Opinion

MEMORANDUM

Jose Luis Arreola appeals the 33-month sentence imposed following his guilty plea conviction for various mail fraud offenses and making false statements, in violation of 18 U.S.C. §§ 371 , 1341, and 1001. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We review de novo a district court’s compliance with the Federal Rule of Criminal Procedure 32 (“Rule 32”). United States v. Standard, 207 F.3d 1136, 1140 (9th Cir.2000). Because the record indicates the district court did not comply with Rule 32, we vacate the sentence and remand for resentencing. See United States v. Fernandez-Angulo, 897 F.2d 1514, 1516 (9th Cir.1990) (en banc) (requiring “strict compliance” with Rule 32).

Arreola contends that the district court erred by relying on a disputed fact, namely *674 whether he participated in the “Naranjo transaction” as described in the presentence report, to support application of a four-level enhancement for his role as an “organizer or leader” under U.S. Sentencing Guidelines § 3Bl.l(a). The objection was not as precisely made as it could have been. However, the written objection to the presentence report contains the defendant’s denial of the…

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