Unpublished Disposition, 940 F.2d 1537 (9th Cir. 1991)

 Annotate this Case
US Court of Appeals for the Ninth Circuit - 940 F.2d 1537 (9th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,v.Javier ORTEGA-GARDENAS, a/k/a Raul Diaz-Gomez, a/k/a RamonValdez-Gomez, a/k/a Ladislao Hernandez-Bernal,Defendant-Appellant.

No. 90-30423.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 1, 1991.* Decided Aug. 14, 1991.

Before EUGENE A. WRIGHT, BEEZER and WIGGINS, Circuit Judges.

MEMORANDUM** 

The government concedes that the increase of defendant's base offense level by four points was based on an erroneous application of U.S.S.G. Sec. 2L1.2(b) (1). The defendant was not deported after sustaining a felony conviction other than a felony involving violation of the immigration laws. We vacate and remand for resentencing.

The mandate shall issue forthwith.

VACATED and REMANDED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.