United States v. Carlos Rigoberto Avila-Ramirez, A/K/A "Carlos R. Avila," A/K/A "Carlos Avila,"

Carlos Rigoberto Avila-Ramirez appeals from a sentence imposed by Judge Chin for illegally reentering the United States after having been deported in violation of 8 U.S.C. § 1326. Appellant contends that his sentence should be vacated because he was sentenced under a statute not in effect at the time of the offense in violation of the Ex Post Facto Clause. See U.S. Const. art. 1, § 9, cl.3. 1 The government concedes that the sentence violates this constitutional provision, and we remand for resentencing.

Avila-Ramirez plead guilty to a violation of 8 U.S.C. § 1326, which makes it a crime for…