United States of America v. Sergio Ricardo Ortiz-Lucatero

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SERGIO RICARDO ORTIZ-LUCATERO,
Defendant-Appellant.
No. 15-50127
D.C. No. 3:14-cr-02212-H-1
ORDER*
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Argued and Submitted May 4, 2016
Pasadena, California
Before: FISHER, M. SMITH, and NGUYEN, Circuit Judges.
The Joint Motion to Summarily Reverse and Remand is GRANTED. We
remand for resentencing on a closed record as to the conviction under California
Health and Safety Code § 11352(a), but otherwise on an open record. See United
States v. Espinoza-Morales, 621 F.3d 1141, 1152 (9th Cir. 2010) (remanding on
closed record where government failed to show that prior convictions qualified as
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
FILED
MAY 24 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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crimes of violence and did not identify any additional materials it could offer at
resentencing); United States v. Matthews, 278 F.3d 880, 885-90 (9th Cir. 2002) (en
banc).
SENTENCE VACATED; REMANDED.

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