Court of Appeals for the Ninth Circuit July 23, 2001, No. 00-10465; D.C. No. CR-00-00089-HDM (United States v. Chavaria-Angel)

MEMORANDUM **

Federal prisoner Carlos Chavaria-Angel appeals the seventy month sentence imposed following his guilty plea to one count of being found in the United States after deportation, in violation of 8 U.S.C. § 1326(a) and (b). We have jurisdiction pursuant to 28 U.S.C. § 1291, and vacate and remand.

Chavaria-Angel contends the district court erred by enhancing his sentence, under U.S.S.G.