United States of America, Plaintiff-appellee, v. Mario H. Perez-ruelas, Defendant-appellant, 977 F.2d 593 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 977 F.2d 593 (9th Cir. 1992) Submitted Oct. 9, 1992. *Decided Oct. 14, 1992

Before D.W. NELSON, REINHARDT and KOZINSKI, Circuit Judges.

MEMORANDUM** 

Defendant, Mario H. Perez-Ruelas, appeals the sentence he received after pleading guilty to a one-count indictment charging illegal reentry into the United States in violation of 8 U.S.C. § 1326. The indictment did not allege a prior felony conviction, and, therefore, it charged defendant with a violation of 8 U.S.C. § 1326(a), simple reentry after deportation. See United States v. Campos-Martinez, No. 91-50756, slip. op. 11877 (9th Cir. Oct. 5, 1992). The maximum sentence for that charge is two years in prison. United States v. Arias-Granados, 941 F.2d 996, 997 (9th Cir. 1991). Perez-Ruelas received a sentence that exceeded the statutory two-year maximum. Therefore, we VACATE the sentence and REMAND for resentencing.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 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 9th Cir.R. 36-3

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