United States Eighth Circuit

Sentence for illegally reentering the U.S. following deportation is vacated and remanded for resentencing where the district court erred in imposing a 16-level enhancement to defendant's sentence under U.S.S.G. sec. 2L1.2(b)(1)(A), as the government failed to prove that defendant's California conviction for statutory rape was a felony conviction within the meaning of the statute.

Appellate Information

• Decided 04/10/2009
• Published 04/10/2009

Judges

• BEAM, Circuit Judge., Before MELLOY, BEAM and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennifer L. Gilg, AFPD, argued, Omaha, ME, Karen M. Shanahan, AFPD, on the brief, for appellant.


• For Appellees:
  
• Sandra Denton, AUSA, argued, Omaha, ME, for appellee