Torrado

MEMORANDUM **

David Torrado appeals the 15-month sentence imposed following revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for plain error because Torrado did not object to the district court’s error at the sentencing hearing. United States v. Benitez, 310 F.3d 1221, 1225 (9th Cir.2002). We will find plain error only where there is: (1) error, (2) that was clear or obvious, (3) that affected substantial rights, and (4) that seriously affected the fairness, integrity, or public reputation of the judicial proceedings: Id. at 1224-25 . We vacate and remand.

Contrary to the government’s contention, we have jurisdiction over this appeal because the notice of appeal referred to the sentencing hearing where Torrado was sentenced for violating the terms of his supervised released and the government has not shown that it is prejudiced or misled. See Meehan v. County of Los Angeles, 856 F.2d 102, 105-06 (9th Cir.1988) (holding a mistake in designating the judgment appealed from should not bar appeal as long as the intent can be fairly inferred and the appellee is not prejudiced or misled).

There is no question that the district court…