Tapia-Fierro

MEMORANDUM **

Jose Luis Tapia-Fierro appeals the 104-month sentence imposed after a jury convicted him of attempted illegal re-entry following deportation in violation of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo whether a district court misapprehended the law, and review for clear error its factual determinations with respect to the aeceptance-of-responsibility reduction. United States v. Cortes, 299 F.3d 1030, 1037 (9th Cir.2002). We vacate and remand for resentencing.

Tapia-Fierro contends that the district court erred in denying his request for a three-level reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1. The district court did not make any specific findings regarding Tapia-Fierro’s remorse or contrition, his actual acceptance of responsibility, or the applicable guide-fine factors. See U.S.S.G. § 3E1.1 (Application Note 1). Because it is unclear if the district court denied an acceptance-of-re-sponsibifity reduction based on Tapia-Fi-erro’s exercise of his constitutional right to a trial by jury, we vacate Tapia-Fierro’s sentence and remand so the district court can consider the appropriate factors related…