United States v. Antonio Urrutia-Contreras

OPINION

GETTLEMAN, Senior District Judge:

Defendant-appellant Antonio UrrutiaContreras appeals from a 15 month sentence for violation of the terms of his supervised release, which was imposed by the United States District Court for the Southern District of California to run consecutively to a 12 month sentence for illegal re-entry in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and vacate the consecutive sentence and remand.

I

The procedural history in this case is unusual. In September 2011, after pleading guilty to a charge of illegal re-entry in the District of…