United States of America, Plaintiff-appellee, v. Mario Martinez-chavo, Defendant-appellant, 981 F.2d 1260 (9th Cir. 1992)
Annotate this CaseBefore FERGUSON, CANBY and DAVID R. THOMPSON, Circuit Judges.
MEMORANDUM**
Mario Martinez-Chavo 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 Martinez-Chavo 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). Martinez-Chavo 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.
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