United States Ninth Circuit

Sentence imposed following defendant's guilty plea to being a deported alien found in the US, 8 U.S.C. section 1326, and application of U.S.S.G. section 2L1.2(b)(1)(A)(ii), which imposes a 16-level enhancement where a defendant has previously committed a crime of violence, is vacated and remanded for resentencing where the district court erred by relying solely on the PSR's characterization of his prior conviction.

Appellate Information

• Decided 07/03/2012
• Published 07/03/2012

Judges

• TIMLIN

Court

• United States Ninth Circuit

Counsel