Deagueros-Cortes

MEMORANDUM **

Antonio Deagueros-Cortes appeals the 48-month sentence imposed following his guilty-plea conviction for illegal re-entry in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 18 U.S.C. § 3742 . We review sentencing issues raised for the first time on appeal for plain error. See United States v. Randall, 162 F.3d 557, 561 (9th Cir.1998). We reverse and remand for resentencing.

Deagueros-Cortes contends that the district court erred in imposing a 16-level upward adjustment under U.S.S.G. § 2L1.2(b)(l)(A) (1997) because his prior Arizona convictions for driving under the influence and attempted sexual assault were not aggravated felonies under 8 U.S.C. § 1101 (a)(43).

Because Deagueros-Cortes only received a six-month sentence for the attempted sexual assault conviction, that offense does not qualify as an aggravated felony under § 1101(a)(43)(F) (1997) (requiring imposition of one year sentence for violent crimes). See also Alberto-Gonzalez v. INS, 215 F.3d 906, 910 (9th Cir.2000) (holding that the term of imprisonment as defined by 8 U.S.C. § 1101 (a)(43)(f) (1997) refers “to the actual sentence imposed by the trial judge”). We have previously held…