Wyner

MEMORANDUM *

Michael D. Wyner entered a guilty plea to one count of making a false statement to a lending institution, in violation of 18 U.S.C. § 1014 , and one count of interstate transportation of property obtained by fraud, in violation of 18 U.S.C. § 2314 . He now appeals from the district court’s imposition of a sentence only partially concurrent with a prior sentence of incarceration imposed in the Northern District of California. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate Wyner’s sentence and remand to the district court for resentencing.

Wyner contends that the district court applied the wrong version of U.S.S.G. § 5G1.3(c), cmt. n. 3 in determining whether his sentence was to run concurrently or consecutively to his prior sentence. When a criminal defendant raises for the first time on appeal the district court’s use of the incorrect version of the Sentencing Guidelines, we review the sentence for plain error. United States v. Chea, 231 F.3d 531, 535 (9th Cir.2000).

The district court committed plain error when it sentenced Wyner because it relied on the wrong version of the Sentencing Guidelines. The Guidelines provide that:

U.S.S.G. § 1B1.11(b)(1).…