
    UNITED STATES of America, Plaintiff-Appellee, v. Esteban DIEGO-ANDRES, Defendant-Appellant.
    No. 05-50839.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 18, 2006.
    
    Filed Dec. 21, 2006.
    AUSA, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
    Sylvia Baiz, Esq., San Diego, CA, for Defendant-Appellant.
    Before: GOODWIN, McKEOWN and FISHER, Circuit Judges.
    
      
       This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Appellee’s unopposed motion for summary reversal and remand is granted. Appellant’s sentence is vacated and the case is remanded for further proceedings in light of United States v. Lopez-Montanez, 421 F.3d 926 (9th Cir.2005).

REVERSED AND REMANDED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
     