Court of Appeals for the Ninth Circuit July 24, 2007, 04-50777 (United States v. Figueroa-Ocampo)

PREGERSON, Circuit Judge:

Arturo Carlos Figueroa-Ocampo (Figueroa-Ocampo) appeals his sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291. Applying the recent United States Supreme Court decision in

Lopez v. Gonzales,

— U.S. —, 127 S.Ct. 625, 166 L.Ed.