United States v. Aguilar-Hernandez

FILED
NOT FOR PUBLICATION JAN 26 2010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. 09-50016

Plaintiff - Appellee, D.C. No. 2:08-cr-01244-DSF

v.
MEMORANDUM *
JORGE AGUILAR-HERNANDEZ,

Defendant - Appellant.

Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding

Submitted January 11, 2010 **

Before: BEEZER, TROTT, and BYBEE, Circuit Judges.

Jorge Aguilar-Hernandez appeals from the 37-month sentence imposed

following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C.

*
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).

AH/Research
§ 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate

Aguilar-Hernandez’s sentence and remand for resentencing.

Aguilar-Hernandez contends that the district court erred by assigning him

two criminal history points, pursuant to U.S.S.G. § 4A1.1(d), because there was

insufficient evidence that he was on parole at the time he committed the instant

offense. We cannot resolve the issue on this record.

Accordingly, we vacate Aguilar-Hernandez’s sentence and remand to the

district court for further consideration.

VACATED and REMANDED.

AH/Research 09-50016