United States Ninth Circuit

Enhanced sentencing of appellant under USSG section 4A1.2(a)(2) for illegally re-entering the US and based on a criminal history which included two citations for driving with a suspended license is vacated because the term "arrest" as used in Section 4A1.2(a)(2) requires that the individual be formally arrested; the mere issuance of a citation, even if considered an arrest under state law, is insufficient.

Appellate Information

• Decided 11/30/2011
• Published 11/30/2011

Judges

• N.R. SMITH

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael Tanaka, Michael J. Raphael