Sanchez-Llanes
United States v. Sanchez-Llanes
Opinion
Lead Opinion
ORDER
We grant Jesus Antonio SanchezLlanes’ petition for panel rehearing. We withdraw the memorandum disposition filed on January 24, 2008, 266 Fed.Appx. 538 , and file a replacement memorandum disposition concurrently with this order.
MEMORANDUM **
Jesus Antonio Sanchez-Llanes appeals from the 21-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 (a) and enhanced by (b). He also appeals from the 12-month sentence imposed for revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand.
Sanchez-Llanes contends that the district court violated Fed.R.Crim.P. 32 by failing to resolve his objections to the PreSentence Report (“PSR”) before imposing his sentence. We agree. The district court failed to resolve Sanchez-Llanes’ second set of objections in which he argued that the probation office proved only three of the four convictions listed in the PSR with judicially noticeable facts. See United States v. Houston, 217 F.3d 1204, 1207 (9th Cir.2000) (recognizing that this court’s precedent requires “strict compliance” with Rule…