
    UNITED STATES of America, Plaintiff — Appellant, v. Simon BALMACEDA, Defendant— Appellee.
    No. 02-50083.
    D.C. No. CR-01-00879-DT-1.
    United States Court of Appeals, Ninth Circuit.
    Submitted Oct. 7, 2002.
    
    Decided Feb. 25, 2003.
    Before PREGERSON, RYMER and MCKEOWN, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

The government appeals from the sentence imposed pursuant to a plea agreement under Fed.R.Crim.P. 11(e)(1)(C) that credited Simon Balmaceda with time served in state custody before being transferred to federal detention. For reasons set forth in United States v. Cervantes-Valencia, 322 F.3d. 1060 (9th Cir.2003), we reverse and remand for the district court either to re-sentence Balmaceda in conformity with his plea agreement or to reject the plea agreement and place the parties in a pre-plea posture.

REVERSED and REMANDED.

PREGERSON, J.,

Circuit Judge, dissenting.

I dissent for the same reasons stated in my dissent in the companion case of United States v. Cervantes-Valencia, 322 F.3d 1060 (9th Cir.2003). 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
     