Cruz-Mandujano

MEMORANDUM **

Sacramento Cruz-Mandujano, an alien convicted by guilty plea of illegally reentering the United States pursuant to 8 U.S.C. § 1326 , appeals his thirty-seven month sentence. We have jurisdiction under 28 U.S.C. § 1291 . We vacate and remand for resentencing.

Cruz contends that his prior conviction for violation of California Vehicle Code section 10851 (theft and unlawful driving or taking of a vehicle) does not constitute an aggravated felony for purposes of a sentence enhancement pursuant to U.S.S.G. § 2L1.2(b)(l) (1998), because it is neither a crime of violence nor a theft offense under 8 U.S.C. §§ 1101 (a)(43)(F) or 1101(a)(43)(G), respectively. We agree. This court has set forth a generic definition of “theft offense” to require “a taking of property or an exercise of control over property.” United States v. Corona-Sanchez, 291 F.3d 1201, 1205 (9th Cir.2002) (en banc). In Coronar-Sanchez, we held that California Penal Code section 484(a) is broader than the generically defined offense because it allows conviction for aiding and abetting. Id. at 1207-08 . Section 10851 is likewise broader than the generic definition, so it is not categorically a theft offense.…