
    UNITED STATES of America, Plaintiff-Appellee, v. Clemente Moises PULIDO-JAUREGUI, Defendant-Appellant.
    No. 08-50368.
    United States Court of Appeals, Ninth Circuit.
    Submitted April 5, 2010.
    
    Filed April 15, 2010.
    Steve Miller, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
    Cristina Gabrielidis Lechman, Esquire, Lechman & Lechman, San Diego, CA, for Defendant-Appellant.
    Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Clemente Moisés Pulido-Jauregui appeals from the 57-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm, but remand to correct the judgment.

Pulido-Jauregui contends, among other things, that the district court erred by applying a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A) because his prior conviction for assault on a federal officer, in violation of 18 U.S.C. § 111, does not constitute a crime of violence. We are precluded from reaching the merits of Pulido-Jauregui’s claims by the valid appeal waiver. See United States v. Bibler, 495 F.3d 621, 623-24 (9th Cir.2007); see also United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc).

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062 (9th Cir.2000), we remand the case to the district court with instructions that it delete from the judgment the incorrect reference to § 1326(b). See United States v. Herrera-Blanco, 232 F.3d 715, 719 (9th Cir.2000) (remanding sua sponte to delete the reference to § 1326(b)).

The government’s motion for judicial notice is denied as moot.

AFFIRMED; REMANDED to correct the judgment. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     