FILED
NOT FOR PUBLICATION APR 15 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-50368
Plaintiff - Appellee, D.C. No. 3:07-cr-01091-MLH
v.
CLEMENTE MOISES PULIDO- MEMORANDUM *
JAUREGUI,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Clemente Moises Pulido-Jauregui appeals from the 57-month sentence
imposed following his guilty-plea conviction for being a deported alien found in
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the United States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction
pursuant to 28 U.S.C. § 1291. We affirm, but remand to correct the judgment.
Pulido-Jauregui contends, among other things, that the district court erred by
applying a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A) because
his prior conviction for assault on a federal officer, in violation of 18 U.S.C. § 111,
does not constitute a crime of violence. We are precluded from reaching the merits
of Pulido-Jauregui’s claims by the valid appeal waiver. See United States v.
Bibler, 495 F.3d 621, 623-24 (9th Cir. 2007); see also United States v. Jacobo
Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc).
In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062
(9th Cir. 2000), we remand the case to the district court with instructions that it
delete from the judgment the incorrect reference to § 1326(b). See United States v.
Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to
delete the reference to § 1326(b)).
The government’s motion for judicial notice is denied as moot.
AFFIRMED; REMANDED to correct the judgment.
2 08-50368