Narrative Opinion Summary
Juan Ricardo Cruz-Ponce appeals a 77-month sentence for illegal reentry after deportation, violating 8 U.S.C. § 1326. The court has jurisdiction under 18 U.S.C. § 3742(a). Since the appellant was sentenced under mandatory Sentencing Guidelines, the case is remanded for further proceedings in accordance with United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). The remand procedure from Ameline is extended to cases involving non-constitutional errors as established in United States v. Booker, 543 U.S. 220 (2005). The disposition is not for publication and may not be cited in this circuit except as permitted by 9th Cir. R. 36-3.
Legal Issues Addressed
Application of Mandatory Sentencing Guidelinessubscribe to see similar legal issues
Application: The appellant was sentenced under mandatory Sentencing Guidelines, necessitating a remand for further proceedings.
Reasoning: Since the appellant was sentenced under mandatory Sentencing Guidelines, the case is remanded for further proceedings in accordance with United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc).
Jurisdiction under 18 U.S.C. § 3742(a)subscribe to see similar legal issues
Application: The court asserts its jurisdiction to hear the appeal of a sentence for illegal reentry after deportation.
Reasoning: The court has jurisdiction under 18 U.S.C. § 3742(a).
Non-Citable Dispositionsubscribe to see similar legal issues
Application: The court's decision is not intended for publication and is restricted from being cited in this circuit, except as allowed by specific rules.
Reasoning: The disposition is not for publication and may not be cited in this circuit except as permitted by 9th Cir. R. 36-3.
Remand Procedure for Non-Constitutional Errorssubscribe to see similar legal issues
Application: The remand procedure established in Ameline is applicable to cases involving non-constitutional errors as outlined in Booker.
Reasoning: The remand procedure from Ameline is extended to cases involving non-constitutional errors as established in United States v. Booker, 543 U.S. 220 (2005).