FILED
NOT FOR PUBLICATION SEP 04 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50450
Plaintiff - Appellee, D. C. 2:06-cr-00243-SJO-1
v. MEMORANDUM*
ALVARO MEJIA,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted August 25, 2014**
Pasadena, California
Before: O’SCANNLAIN and RAWLINSON, Circuit Judges, and RAKOFF,
Senior District Judge.***
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Jed S. Rakoff, Senior District Judge for the U.S. District
Court for the Southern District of New York, sitting by designation.
Defendant-Appellant Alvaro Mejia appeals from the District Court’s
judgment revoking his supervised release and imposing a 30-month sentence of
imprisonment. Because Mejia has withdrawn his challenge to the District Court’s
finding that he violated the terms and conditions of his supervised release, the only
issue that remains is his sentence. Mejia contends, and the government concedes,
that the District Court incorrectly calculated his state law offenses as Grade A
violations under Section 7B1.1(a) of the advisory United States Sentencing
Guidelines (“Guidelines”), when in fact they were Grade B violations. The parties
concur that this plain error resulted in a Guidelines range of 24 to 30 months,
rather than the correct range of 12 to 18 months. We agree.1
Accordingly, we VACATE the sentence and REMAND this matter to the
District Court for resentencing.
1
Because we remand for resentencing based on the Guidelines error, we do
not address Mejia’s challenge to the reasonableness of his sentence.
-2-