United States v. Sergio Ortiz-Lucatero
UNITED STATES of America, Plaintiff-Appellee, v. Sergio Ricardo ORTIZ-LUCATERO, Defendant-Appellant
- Area
- other
- Panel
- Raymond C. Fisher (author), Smith, Jacqueline H. Nguyen
Analysis
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Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 24 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-50127 Plaintiff-Appellee, D.C. No. 3:14-cr-02212-H-1 v. ORDER* SERGIO RICARDO ORTIZ-LUCATERO, Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding Argued and Submitted May 4, 2016 Pasadena, California Before: FISHER, M. SMITH, and NGUYEN, Circuit Judges.
The Joint Motion to Summarily Reverse and Remand is GRANTED. We remand for resentencing on a closed record as to the conviction under California Health and Safety Code § 11352(a), but otherwise on an open record. See United States v. Espinoza-Morales, 621 F.3d 1141, 1152 (9th Cir. 2010) (remanding on closed record where government failed to show that prior convictions qualified as * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. crimes of violence and did not identify any additional materials it could offer at resentencing); United States v. Matthews, 278 F.3d 880, 885-90 (9th Cir. 2002) (en banc).
SENTENCE VACATED; REMANDED.