United States of America, Plaintiff-appellee, v. Gilberto Cortez-alvarez, Defendant-appellant, 988 F.2d 123 (9th Cir. 1993)

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US Court of Appeals for the Ninth Circuit - 988 F.2d 123 (9th Cir. 1993) Submitted March 2, 1993. Decided March 5, 1993

Appeal from the United States District Court for the District of Western Washington; No. CR-91-1047-01-JET, Jack E. Tanner, District Judge, Presiding.

W.D. Wash.


Before EUGENE A. WRIGHT, CANBY and REINHARDT, Circuit Judges.


Gilberto Cortez-Alvarez appeals his sentence following his jury conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. Having reviewed the record in light of his supplemental authority, United States v. Gonzalez-Medina, 976 F.2d 570 (9th Cir. 1992), we conclude that his sentence exceeds the statutory maximum for the crime proved, violation of § 1326(a), and that invited error does not bar his appeal. His sentence is VACATED and the case REMANDED for resentencing pursuant to § 1326(a) and the requirements of Gonzalez-Medina.


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 Circuit Rule 36-3