United States of America v. Jorge Aguilar-Hernandez

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
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JORGE AGUILAR-HERNANDEZ,
Defendant - Appellant.
No. 09-50016
D.C. No. 2:08-cr-01244-DSF
MEMORANDUM *
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.
FILED
JAN 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AH/Research 09-50016
§ 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.

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