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United States v. Robertos Landeros-Morales

Court of Appeals for the Ninth Circuit · 11-50368 · 2012-03-09 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Robertos LANDEROS-MORALES, Defendant-Appellant

Area
other
Panel
Fletcher (author), Stephen R. Reinhardt, Atsushi W. Tashima

Analysis

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Opinion

FILED NOT FOR PUBLICATION MAR 09 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-50368 Plaintiff - Appellee, D.C. No. 3:11-cr-00588-IEG v. MEMORANDUM * ROBERTOS LANDEROS-MORALES, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Irma E. Gonzalez, Chief District Judge, Presiding Submitted March 6, 2012 ** Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.

Robertos Landeros-Morales appeals from the 10-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Landeros-Morales contends that the district court procedurally erred by relying on factors excluded from 18 U.S.C. § 3583(e), specifically, punishment. It is unclear from the record whether those factors served as the primary basis for the sentence imposed. See United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir.

2006); see also United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007).

Accordingly, we vacate and remand for resentencing.

In light of this disposition, we decline to reach Landeros-Morales’s other arguments.

VACATED; REMANDED for resentencing.

2 11-50368