Marcial-Gonzalez

MEMORANDUM *

Amador Marcial-Gonzalez (“MarcialGonzalez”) appeals the sentence imposed after he pled guilty to illegal reentry in violation of 8 U.S.C. § 1326 . The parties are familiar with the facts of this case, and we repeat them only to the extent necessary to understand our disposition. This court has jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We vacate and remand.

Under the Federal Rules of Criminal Procedure, the district court at sentencing “must verify that the defendant and the defendant’s attorney have read and discussed the presentence report [PSR] and any addendum to the report.” Fed. R.Crim.P. 32(i)(1)(A). Although a district court “need not specifically inquire whether a defendant has read the presentence report,” the sentencing judge must “reasonably rel[y] on evidence indicating that a defendant has read the presentence report and discussed it with counsel.” United States v. Soltero, 510 F.3d 858, 863 (9th Cir.2007) (alteration in original) (internal quotation marks omitted). Failure to complete this verification “may be excused if it is clear that no prejudice resulted.” See United States v. Davila-Escovedo, 36 F.3d 840, 844 (9th Cir.1994)…