Rodriguez-Lopez

MEMORANDUM ***

We affirmed Rodriguez-Lopez’s sentence in an unpublished memorandum decision of August 1, 2001, which relied upon United States v. Corona-Sanchez, 234 F.3d 449, 455 (9th Cir.2000) (“Corona-Sanchez I”) (holding that an alien’s prior conviction under California law for a theft offense qualified as an aggravated felony for the purposes of an illegal reentry sentence enhancement). The relevant portion of Corona-Sanchez I, which recognized the defendant’s “theft offense” as an “aggravated felony” under 8 U.S.C. § 1101 (a)(43)(G) (1994 & Supp.1996) for federal sentencing purposes, was later vacated. United States v. Corona-Sanchez, 291 F.3d 1201, 1213 (9th Cir.2002) (en banc) (“Corona-Sanchez II”). Accordingly, on September 6, 2002, we granted Rodriguez-Lopez’s petition for rehearing. Upon rehearing, we vacate our prior opinion.

Because Rodriguez-Lopez’s deportation was found to be on account of an “aggravated felony” under the United States Sentencing Guidelines, his sentence as an alien remaining in or reentering the United States after deportation under 8 U.S.C. § 1326 (1994 & Supp.1996) was significantly enhanced. See U.S.S.G. § 2L1.2(b)(1)(A) (2000).…