Cruz-Uriostegui

MEMORANDUM **

Patricio Cruz-Uriostegui appeals the 84-month sentence he received for illegal re-entry after deportation in violation of 8 U.S.C. § 1326 . Cruz-Uriostegui raises three issues on appeal, including a challenge to the district court’s imposition of a 16-level sentencing enhancement for having been previously deported after conviction of a felony that is a “crime of violence.” We vacate Cruz-Uriostegui’s sentence and remand to the district court for resentencing.

The district court applied the 16-level enhancement to the offense level, pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii), on the grounds that Cruz-Uriostegui previously was deported after being convicted in 1991 of first-degree burglary under California Penal Code §§ 459 and 460.1. A decision of this court announced after the district court imposed the sentence at issue here compels us to conclude that the district court committed plain error by treating that conviction as a crime of violence and imposing the enhancement. United States v. Aguila-Montes De Oca, 553 F.3d 1229, 1234 (9th Cir.2009).

Cruz-Uriostegui also contests the district court’s addition of three points to his criminal history computation for a…