United States of America v. Juan Antonio Muro-Sanchez

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN ANTONIO MURO-SANCHEZ,
Defendant - Appellant.
No. 11-30014 & 11-30018
D.C. Nos. 1:10-cr-30038-PA-1
1:10-cr-30078-PA-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Owen M. Panner, Senior District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
In these consolidated appeals, Juan Muro-Sanchez appeals the sentence
imposed following his guilty plea to illegal reentry after deportation, and the
sentence imposed upon revocation of supervised release in connection with a prior
FILED
DEC 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30014 2
illegal reentry conviction. The district court applied an 8-level increase to Muro-
Sanchez’s guideline level sentence pursuant to U.S.S.G. § 2L1.2(b)(1)(C) based on
his prior conviction for second degree commercial burglary under California Penal
Code § 459.
We agree with the parties that under United States v. Aguila-Montes de Oca,
655 F.3d 915 (9th Cir. 2011) (en banc) (per curiam), the district court erred in
treating defendant’s prior California burglary conviction as an aggravated felony.
The sentence is vacated, and remanded for resentencing in light of Aguila-Montes
de Oca.
SENTENCE VACATED; REMANDED FOR RESENTENCING.

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