Perez-Aguilar

MEMORANDUM **

Jaime Perez-Aguilar appeals the sentence imposed following his guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a). Because the parties are aware of the facts of the case, we do not recount them here. We vacate the sentence and remand for resentencing.

Perez-Aguilar argues that the panel should vacate his sentence because the district court erroneously applied a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A) based on Perez-Aguilar’s prior conviction under Cal.Penal Code § 286(b)(1). Because Perez-Aguilar never objected to the application of the 16-level enhancement in the district court, we review this issue for plain error. See United States v. Olano, 507 U.S. 725, 731-32 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993).

The district court erred in applying the 16-level enhancement because Perez-Aguilar’s prior conviction for “sodomy with another person who is under 18 years of age” in violation of Cal.Penal Code § 286(b)(1) does not categorically constitute statutory rape under the guidelines, thus qualifying as a crime of violence. See U.S.S.G. § 2L1.2(b)(l)(A) & app. n.l(B)(iii). After the district court sentenced…