FILED
NOT FOR PUBLICATION MAR 09 2012
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. 11-50368
Plaintiff - Appellee, D.C. No. 3:11-cr-00588-IEG
v.
MEMORANDUM *
ROBERTOS LANDEROS-MORALES,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Irma E. Gonzalez, Chief District Judge, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Robertos Landeros-Morales appeals from the 10-month sentence imposed
following the revocation of his supervised release. We have jurisdiction under 28
U.S.C. § 1291, and we vacate and remand for resentencing.
*
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).
Landeros-Morales contends that the district court procedurally erred by
relying on factors excluded from 18 U.S.C. § 3583(e), specifically, punishment. It
is unclear from the record whether those factors served as the primary basis for the
sentence imposed. See United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir.
2006); see also United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007).
Accordingly, we vacate and remand for resentencing.
In light of this disposition, we decline to reach Landeros-Morales’s other
arguments.
VACATED; REMANDED for resentencing.
2 11-50368