Court of Appeals for the Ninth Circuit June 13, 2002, No. 01-10060; D.C. No. CR-00-00310-ROS (United States v. Jimenez-Gutierrez)

MEMORANDUM**

Joel Jimenez-Gutierrez appeals his jury-trial conviction and eighty-four month sen*306tence imposed for attempted re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, United States v. Aguilar, 756 F.2d 1418, 1421 (9th Cir.1985), and we reverse and remand.