Chavez-Rivera

*20 MEMORANDUM **

Salvador Chavez-Rivera was convicted after a jury trial of violating Title 8 U.S.C. section 1326 , and sentenced to 100 months in prison. He appeals his conviction and sentence, arguing that the district court erred in (1) finding that there was reasonable suspicion to stop the van in which he was riding and in denying his motion to suppress, (2) admitting a certificate of nonexistence of record (CNR) into evidence at trial, (3) finding that he did not accept responsibility for his crime, and (4) increasing his sentence based upon a prior deportation subsequent to a felony conviction that was not charged in the indictment. We affirm the district court’s rulings, but remand the sentence pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

The district court found that the officer had reasonable suspicion to stop the van because he viewed an air freshener that he believed obstructed the driver’s ability to see out of the windshield, a violation of California Vehicle Code section 26708(a)(2). We cannot conclude that the finding was clearly erroneous. It does not matter that the officer cited the wrong sub-section of the statute during the…