United States Fourth Circuit

District court's sentencing of a Guatemalan citizen for illegally re-entering the US following deportation to fifty-seven months in prison and three years of supervised release after applying a sixteen level enhancement is vacated and remanded for resentencing as section 2L1.2(b)(1)(A) requires a prior conviction for a felony that is a drug trafficking offense, not simply a conviction under a statute that criminalizes drug trafficking as well as other activities.

Appellate Information

• Decided 11/09/2009
• Published 11/09/2009

Judges

• Before MOTZ and AGEE, Circuit Judges, and MARK S. DAVIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  G. Alan DuBois, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant Jennifer P. May-Parker, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant.  George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.