United States v. Angel Lopez-Ramirez , 708 F. App'x 370 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 22 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-10044
Plaintiff-Appellee, D.C. No. 5:16-cr-00020-BLF
v.
MEMORANDUM*
ANGEL LOPEZ-RAMIREZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of California
Beth Labson Freeman, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Angel Lopez-Ramirez appeals from the district court’s judgment and
challenges the 46-month sentence imposed following his guilty-plea conviction for
illegal reentry following deportation, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The government concedes, and we agree, that the district court plainly erred
by failing to address Lopez-Ramirez personally to ask if he wanted to speak before
sentencing. See Fed. R. Crim. P. 32(i)(4)(A)(ii); United States v. Daniels, 760 F.3d
920, 925-26 (9th Cir. 2014). Accordingly, we vacate and remand for resentencing.
See Daniels, 760 F.3d at 926.
Lopez-Ramirez asks us to reach his other claims of error to provide the
district court “guidance” on remand. We decline to do so because we do not know
what sentencing arguments the parties will make on remand, how the court will
respond to those arguments, or what sentence it will impose. See United States v.
Kaczynski, 551 F.3d 1120, 1124 (9th Cir. 2009) (declining to issue an advisory
opinion based on speculation about possible future events).
VACATED and REMANDED for resentencing.
2 17-10044