Court of Appeals for the Ninth Circuit August 18, 2006, No. 05-50664 (United States v. Flores-Pimienta)

MEMORANDUM **

Roberto Flores-Pimienta appeals his conviction and sentence for illegal re-entry after deportation under 8 U.S.C. § 1826. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm his conviction, vacate his sentence and remand for resentencing.

A removal effectuated either by an order of removal or by the reinstatement of an order of removal constitutes a removal under 8 U.S.