USA v. ALMAZAN-BACERRA
The Ninth Circuit Court of Appeals today released an order and opinion in USA v. ALMAZAN-BACERRA, No. 05-10056, a criminal appeal. The panel consisted of J. Clifford Wallace, Michael Daly Hawkins, and Sidney R. Thomas, Circuit Judges.
WALLACE, Senior Circuit Judge:
Almazan-Becerra appeals from his sentence of seventy months imprisonment after a conviction of illegal reentry following deportation in violation of 8 U.S.C. § 1326. He argues that the district court’s application of both a sixteen-level and a twelve-level enhancement based on prior felony drug convictions was erroneous. We have jurisdiction pursuant to 18 U.S.C. § 3742(a). We vacate the sentence and remand for resentencing. I. Almazan-Becerra is a Mexican national who was deported from the United States on three occasions: May 14, 1992, . . .
The opinion filed on August 1, 2006, cited at 456 F.3d 949 (9th Cir. 2006) is hereby withdrawn. OPINION WALLACE, Senior Circuit Judge:
Almazan-Becerra appeals from his sentence of seventy months imprisonment after a conviction of illegal reentry following deportation in violation of 8 U.S.C. § 1326. He argues that the district court’s application of both a sixteen-level and a twelve-level enhancement based on prior felony drug convictions was erroneous. We have jurisdiction pursuant to 18 U.S.C. § 3742(a). We vacate the sentence and remand for resentencing. I. Almazan-Becerra is a Mexican national who was deported from the United States on three occasions: May 14, 1992, . . .