United States of America, Plaintiff-appellee, v. Lonnie A. Hamilton, Defendant-appellant.united States of America, Plaintiff-appellee, v. Lonnie A. Hamilton, Defendant-appellant, 141 F.3d 1181 (9th Cir. 1998)

MEMORANDUM^* 

Lonnie A. Hamilton appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. We review de novo. See Sanchez v. United States, 50 F.3d 1448, 1451-52 (9th Cir. 1995). We have jurisdiction pursuant to 28 U.S.C. § 2255. Because we agree with Hamilton's contention that the district court erred by resentencing Hamilton when he was not present, we reverse and remand with instructions to vacate Hamilton's sentence and to resentence him. At resentencing, the district court should require Hamilton's presence and should calculate Hamilton's combined offense level and impose concurrent sentences in accordance under U.S.S.G. § 5G1.2 in accordance with our previous disposition. Hamilton raises on appeal other issues with respect to sentencing which may be raised to the district court on resentencing.

The mandate shall issue forthwith.

REVERSED and REMANDED with instructions to vacate Hamilton's sentence and to resentence in accordance with this disposition.