UNITED STATES of America, Plaintiff-Appellee, v. Robertos LANDEROS-MORALES, Defendant-Appellant, 471 F. App'x 663

MEMORANDUM Robertos Landeros-Morales appeals from the 10-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing. Landeros-Morales contends that the district court procedurally erred by relying on factors excluded from 18 U.S.C. § 3583(e), specifically, punishment. It is unclear from the record whether those factors served as the primary basis for the sentence imposed. See United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir.2006); see also United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir.2007).

Accordingly, we vacate and remand for resentencing. In light of this disposition, we decline to reach Landeros-Morales’s other arguments. VACATED; REMANDED for resentencing. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.