UNITED STATES v. PERALTA (2019)

United States Court of Appeals, Tenth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Charmaine PERALTA, Defendant-Appellant.

No. 18-2130

Decided: April 19, 2019

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

Jennifer M. Rozzoni, Office of the United States Attorney, District of New Mexico, Albuquerque, NM, for Plaintiff-Appellee Brian Anthony Pori, Esq., Office of the Federal Public Defender, District of New Mexico, Albuquerque, NM, for Defendant-Appellant

ORDER AND JUDGMENT *

This matter is before us on the United States’ Unopposed Motion for Remand to the District Court for Resentencing (“Motion”). In the Motion, the United States concedes that the district court committed reversible procedural error when it failed to provide a factual basis in the record for using USSG § 2A2.2 to determine Ms. Peralta’s base offense level at sentencing. Accordingly, the parties ask us to remand for resentencing so that the district court can correct this procedural error.

Upon careful consideration, the Motion is GRANTED. This matter is remanded to the U.S. District Court for the District of New Mexico with instructions to vacate its judgment, and resentence Ms. Peralta in a manner that resolves the aforementioned procedural error. A copy of this order and judgment shall stand as and for the mandate of the court.

Per Curiam

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law