Aguilar-Aguilar
United States v. Aguilar-Aguilar
Opinion
Lead Opinion
MEMORANDUM **
Domingo Aguilar-Aguilar appeals from the 46-month sentence imposed following his guilty-plea conviction to being a deported alien in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand.
Aguilar-Aguilar contends that the district court improperly imposed an eight-level increase in his offense level under U.S.S.G. § 2L1.2(b)(l)(C) based on his pri- or California-state conviction for possession of a controlled substance. Following briefing, he filed a motion for summary reversal, asserting that Lopez v. Gonzales, — U.S. -, 127 S.Ct. 625 , 166 L.Ed.2d 462 (2006), is intervening controlling authority.
As the district court did not have the benefit of the Supreme Court’s decision in Lopez at the time it sentenced Aguilar-Aguilar, we grant the motion, vacate the sentence, and remand for resentencing in accordance with Lopez. See United States v. Figueroa-Ocampo, No. 04-50777, 494 F.3d. 1211, 1217 , 2007 WL 2104787, at *5 (9th Cir. July 24, 2007) (vacating and remanding in light of Lopez).
Because we vacate and remand on this basis, we do not address Aguilar-Aguilar’s remaining contentions.