Carrillo-Torres

MEMORANDUM **

Freytman Odilion Carrillo-Torres appeals the 63-month sentence imposed after his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 18 U.S.C. § 3742 , and we vacate and remand.

Carrillo-Torres contends the district court erred by enhancing his sentence for his prior felony conviction for driving under the influence, in violation of Cal. Veh. Code § 23152 . We review de novo the district court’s interpretation of the Sentencing Guidelines. See United States v. Trinidad-Aquino, 259 F.3d 1140, 1142 (9th Cir.2001).

After the district court rendered its decision, we determined a § 23152 conviction cannot be used to enhance a sentence pursuant to U.S.S.G. § 2L1.2(b)(1)(A). See United States v. Portillo-Mendoza, 273 F.3d 1224, 1228 (9th Cir.2001); cf. United States v. Corona-Sanchez, 234 F.3d 449 (9th Cir.2000), reh’g en banc granted, 265 F.3d 1079 (9th Cir.2001). Because the district court did not have the benefit of our decision in Portillo-Mendoza , we vacate and remand for further proceedings.

VACATED and REMANDED.

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