USA V. ROBERTOS LANDEROS-MORALES, No. 11-50368 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 09 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-50368 D.C. No. 3:11-cr-00588-IEG v. MEMORANDUM * ROBERTOS LANDEROS-MORALES, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Irma E. Gonzalez, Chief District Judge, Presiding Submitted March 6, 2012 ** Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges. Robertos Landeros-Morales appeals from the 10-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Landeros-Morales contends that the district court procedurally erred by relying on factors excluded from 18 U.S.C. § 3583(e), specifically, punishment. It is unclear from the record whether those factors served as the primary basis for the sentence imposed. See United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006); see also United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007). Accordingly, we vacate and remand for resentencing. In light of this disposition, we decline to reach Landeros-Morales s other arguments. VACATED; REMANDED for resentencing. 2 11-50368

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