LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee, v. Sergio Ricardo ORTIZ-LUCATERO, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2016-05-24No. No. 15-50127
653 F. App'x 863

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

ORDER

The Joint Motion to Summarily Reverse and Remand is GRANTED. We remand for resentencing on a closed record as to the conviction under California Health and Safety Code § 11352(a), but otherwise on an open record. See United States v. Espinoza-Morales, 621 F.3d 1141, 1152 (9th Cir. 2010) (remanding on closed record where government failed to show that pri- or convictions qualified as crimes of violence and did not identify any additional materials it could offer at resentencing); United States v. Matthews, 278 F.3d 880, 885-90 (9th Cir. 2002) (en banc).

SENTENCE VACATED; REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.