Avila

MEMORANDUM **

Marco Antonio Avila appeals his thirty-month sentence imposed following his guilty plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we vacate and remand.

Avila contends, and the government correctly concedes, that the district court erred by enhancing his sentence sixteen levels based on a prior conviction which was not an aggravated felony. Because Avila did not raise this argument in the district court, we review for plain error. United States v. Casarez-Bravo, 181 F.3d 1074, 1078 (9th Cir.1999). We have previously determined that being an accessory after the fact is not a crime of violence even if the underlying crime was violent. United States v. Innie, 7 F.3d 840, 850-52 (9th Cir.1993). Avila’s prior conviction for accessory to assault with a deadly weapon is not distinguishable from the offense in Innie . His prior conviction therefore is not an aggravated felony under 8 U.S.C. § 1101 (a)(43)(F) and 18 U.S.C. § 16 . See Innie, 7 F.3d at 850-52 . This error is plain. See Casarez-Bravo, 181 F.3d at 1078 .…