Muwanguzi

MEMORANDUM **

Joshua Kawuki Muwanguzi appeals the 39-month sentence imposed following his guilty plea to fraud in connection with identification documents, in violation of 18 U.S.C. § 1028 (a)(3), and aggravated identity theft, in violation of 18 U.S.C. § 1028 (a)(1). Muwanguzi contends, and the government concedes, that the district court erred in making an upward adjustment under U.S.S.G. § 2L2.2(b)(3) when he never used or obtained a United States passport. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate the district court’s judgment.

In reviewing a sentence, we first consid-' er whether the district court committed significant procedural error, including an incorrect Sentencing Guidelines determination. United States v. Carty, 520 F.3d 984, 993 (9th Cir.) (en banc), cert. denied, — U.S. -, 128 S.Ct. 2491 , 171 L.Ed.2d 780 (2008). We next consider whether, in light of the factors set forth in 18 U.S.C. § 3553 (a), the district court abused its discretion by imposing a substantively unreasonable sentence. Id. We review the district court’s interpretation of the Guidelines de novo, its application of the Guidelines to the facts for an abuse of discretion, and its…