Ortega-Martinez
United States v. Ortega-Martinez
Opinion
Lead Opinion
MEMORANDUM **
Diego Ortega-Martinez appeals his 21-month sentence and three-year term of supervised release imposed following his guilty-plea conviction for unlawful re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.
Ortega-Martinez contends that our recent decision in United States v. Corona-Sanchez, 291 F.3d 1201, 1213 (9th Cir. 2002) (en banc), warrants reversal of his sentence. We agree.
The district court enhanced Ortega-Martinez’s sentence pursuant to U.S.S.G. § 2L1.2(b)(l)(A) (2000) on the grounds that his prior conviction under California Penal Code §§ 484, 666 was an aggravated felony under 8 U.S.C. § 1101 (a)(43)(G). We have since held that a petty theft conviction under California Penal Code §§ 484, 666 does not constitute an aggravated felony for federal sentencing purposes. See Corona-Sanchez, 291 F.3d at 1213 .
Accordingly, we reverse Ortega-Martinez’s sentence and remand to the district court for re-sentencing.
We deny Ortega-Martinez’s motion for summary reversal filed July 1, 2002, as moot.
REVERSED and REMANDED for RESENTENCING.