United States v. Anibal Jose Diaz-Argueta
Court of Appeals for the Ninth Circuit
1Opinion of the Court
NOONAN, Circuit Judge.
Aníbal Jose Diaz-Argueta (Diaz) appeals the sentence he received from the district court after pleading guilty to illegally reentering the United States following deportation in violation of 8 U.S.C. § 1326. We vacate the sentence of the district court and remand for resentencing in accordance with 18 U.S.C. § 3553(a).
PROCEDURE
Diaz was indicted for having been an alien found in the United States on June 29, 2004 after having been deported on March 13, 1996. He pleaded guilty on September 7, 2004. The Pre-Sentence Report reported that he had been convicted in California…
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