Garcia-Renteria

MEMORANDUM *

Benjamin Garcia-Renteria appeals his 60-month sentence imposed after he pled guilty to one count of encouraging and inducing an illegal alien to enter the United States in violation of 8 U.S.C. §§ 1324 (a)(l)(A)(iv) and (v)(II). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We reverse and remand for resentencing.

*597 Garcia-Renteria argues that the district court failed to give adequate notice of its intent to sentence outside the Sentencing Guidelines range. Because he failed to object at sentencing to the adequacy of notice, his claim is reviewed for plain error. See United States v. Evans-Martinez, 448 F.3d 1163, 1166 (9th Cir.2006). Reviewing for plain error, we hold that the district court failed to give adequate notice.

Fed.R.Crim.P. 32(h) provides:

Prior to the adoption of Rule 32(h), the Supreme Court held that “Rule 32 contemplates full adversary testing of the issues relevant to a Guidelines sentence” and gives the parties an opportunity to comment on matters relating to the appropriate sentence. Burns v. United States, 501 U.S. 129, 135 , 111 S.Ct. 2182 , 115 L.Ed.2d 123 (1991). Rule 32(h) was adopted in 2002 to incorporate the…