Flores-Pimienta

MEMORANDUM **

Roberto Flores-Pimienta appeals his conviction and sentence for illegal re-entry after deportation under 8 U.S.C. § 1826 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm his conviction, vacate his sentence and remand for resentencing.

A removal effectuated either by an order of removal or by the reinstatement of an order of removal constitutes a removal under 8 U.S.C. § 1826 . Cf. United States v. Luna-Madellaga, 315 F.3d 1224, 1226 (9th Cir.2003) (discussing 8 U.S.C. § 1326 (b)); United States v. Carrillo-Lopez, 313 F.3d 1185, 1187 (9th Cir.2002) (same). Therefore, the factual basis for Flores-Pimienta’s plea was adequate, and we must uphold his conviction.

To determine the existence of a prior conviction, the district court may rely on “any information ... so long as it has sufficient indicia of reliability to support its probable accuracy.” See United States v. Marin-Cuevas, 147 F.3d 889, 894-95 (9th Cir.1998) (internal alterations omitted) (emphasis added). In the present circumstances, both the unchallenged presentence report and the judgments of conviction were sufficiently reliable. Id, at 895 (holding that a presentence report that is…