Aguirre-Lopez

United States v. Aguirre-Lopez

Good Law
274 F. App'x 583
United States Court of Appeals for the Ninth CircuitApril 21, 2008No. 05-50566California703 words

Opinion

Lead Opinion

MEMORANDUM **

Gerardo Aguirre-Lopez appeals his sentence of fifty-seven months imprisonment followed by a three-year term of supervised release imposed for his conviction of illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . See United States v. Plouffe, 445 F.3d 1126, 1128 (9th Cir.2006) (as amended). We reverse the supervised release condition and remand to the district court for correction of the written judgment, and reject his remaining challenges.

Aguirre-Lopez argues that the district court erred by including in the written judgment a condition of supervised release requiring him to report to his probation office within seventy-two hours of entering the United States after the district court had stated during the plea colloquy and the sentencing hearing that the reporting condition would not be imposed because it was unfair. We agree that this was error. Remand to the district court is necessary to correct the written judgment so that it is consistent with the oral pronouncements.

Aguirre-Lopez challenges his sentence of fifty-seven months imprisonment followed by a three-year…

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