United States Second Circuit

Defendant's sentence for illegal reentry and aggravated identity theft is vacated where the district court erred in its calculation of defendant's Sentencing Guidelines range with respect to the illegal reentry count when it applied a 16-level enhancement under U.S.S.G. section 2L1.2(b)(1)(A)(ii) after it concluded that defendant had reentered the U.S. after being deported for commission of a crime of violence.

Appellate Information

• Decided 09/29/2010
• Published 09/29/2010

Judges

• Array

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Loretta E. Lynch, Eileen F. Shapiro