United States v. Torres-Tontle

MEMORANDUM **

Defendant-Appellant Jose Torres-Ton-tle appeals his conviction and sentence for attempting unlawful re-entry to the United States after removal in violation of 8 U.S.C. § 1326, and making a false claim to American citizenship in violation of 18 U.S.C. § 911. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm the conviction, but vacate the sentence and remand for resentencing.

I. CONVICTION

First, Torres-Tontle concedes that his claim as to the indictment was directly foreclosed by the Supreme Court in United States v. Resendiz-Ponce, 549 U.S. 102, 127 S.Ct. 782, 166…