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U.S. v. FIGUEROA-OCAMPO

No. 04-50777.

494 F.3d 1211 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Arturo Carlos FIGUEROA-OCAMPO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2007.

Attorney(s) appearing for the Case

Jodi Denise Thorp and James Fife, Federal Defenders of San Diego, Inc., for the defendant-appellant.

Mary D. Fan, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

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.2d 462 (2006), we vacate Figueroa-Ocampo's sentence and remand for re-sentencing.

I.

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