United States v. Julio Almazan-Becerra

OPINION AND ORDER

WALLACE, Senior Circuit Judge.

ORDER

The opinion filed on August 1, 2006, cited at 456 F.3d 949 (9th Cir.2006) is hereby withdrawn.

OPINION

Almazan-Becerra appeals from his sentence of seventy months imprisonment after a conviction of illegal reentry following deportation in violation of 8 U.S.C. § 1326. He argues that the district court’s application of both a sixteen-level and a twelve-level enhancement based on prior felony-drug convictions was erroneous. We have jurisdiction pursuant to 18 U.S.C. § 3742(a). We vacate the sentence and remand for resentencing.

I

Almazan-Becerra…