Quintana-Quintana

MEMORANDUM ***

Defendant-Appellant Oscar Quintana-Quintana (“Quintana”) appeals his sentence for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . The district court initially sentenced Quintana to seventy months in custody and three years of supervised release. On appeal,- a previous panel of the Ninth Circuit held that the district court committed “plain error” by applying the wrong version of the United States Sentencing Guidelines (“U.S.S.G.”) and by failing to make any findings regarding the nature of the prior convictions used to enhance Quintana’s sentence. See United States v. Quintana-Quintana, No. 01-50704, 60 Fed. Appx. 104 , 2003 WL 839998 , at *2 (9th Cir. Mar.6, 2003). We vacated Quintana’s sentence and remanded his case for resentencing. Id. On remand, the district court made additional findings and resentenced Quintana to seventy months in custody and three years of supervised release. This second appeal followed.

On remand, the district court concluded that Quintana’s prior conviction for assault with a deadly weapon under Cal.Penal Code § 245(a)(1) warranted a 16-level sentence enhancement under U.S.S.G. § 2L1.2 and its…