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United States v. Cruz-Ibarra

filed*fn*: October 14, 1992.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JESUS CRUZ-IBARRA, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Central District of California. D.C. No. CR-91-0647-JGD-01. John G. Davies, District Judge, Presiding

Before: D.w. Nelson, Reinhardt and Kozinski, Circuit Judges

MEMORANDUM

Defendant, Jesus Cruz-Ibarra, appeals the sentence he received after pleading guilty to a one-count indictment charging illegal reentry into the United States in violation of 8 U.S.C. § 1326. The indictment did not allege a prior felony conviction, and, therefore, it charged defendant with a violation of 8 U.S.C. § 1326(a), simple reentry after deportation. See United States v. Campos-Martinez, No. 91-50756, slip. op. 11877 (9th Cir. Oct. 5, 1992). The maximum sentence for that charge is two years in prison. United States v. Arias-Granados, 941 F.2d 996, 997 (9th Cir. 1991). Cruz-Ibarra received a sentence that exceeded the statutory two-year maximum. Therefore, we VACATE the sentence and REMAND for resentencing.

Disposition

We VACATE the sentence and REMAND for ...


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