United States of America, Plaintiff-appellee, v. Esiguio Chan-caballero, Defendant-appellant, 981 F.2d 1259 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 981 F.2d 1259 (9th Cir. 1992) Submitted Dec. 11, 1992. *Decided Dec. 16, 1992

Before FERGUSON, CANBY and DAVID R. THOMPSON, Circuit Judges.

MEMORANDUM** 

Esiquio Chan-Caballero appeals the sentence he received after he pleaded guilty to a one-count indictment charging him with 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 Chan-Caballero 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). Chan-Caballero received a sentence that exceeded the statutory two-year maximum. Therefore, we vacate the sentence and remand for resentencing.

SENTENCE VACATED AND REMANDED FOR RESENTENCING.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and 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

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