Guerrero-Guzman

MEMORANDUM **

Hector Antonio Guerrero-Guzman appeals from the 19-month sentence imposed after his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Guerrero-Guzman raised a constitutional challenge to his sentence before the district court and therefore preserved the nonconstitutional error — being sentenced under a mandatory Sentencing Guidelines regime — identified in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). See United States v. Beng-Salazar, 452 F.3d 1088, 1095-96 (9th Cir.2006). Because we conclude that the government has not established that it is more probable than not that the error did not materially affect Guerrero-Guzman’s sentencing, we vacate his sentence and remand for resentencing under the advisory Guidelines. See id.; United States v. Ameline, 409 F.3d 1073, 1074 (9th Cir. 2005) (en banc).

We are unable to consider Guerrero-Guzman’s contention that the district court’s analysis of his commercial burglary conviction under Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), was erroneous, because no documents…