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U.S. v. SANCHEZ-MOTA

No. 02-1741.

319 F.3d 1 (2002)

UNITED STATES of America, Appellee, v. Samuel SANCHEZ-MOTA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 24, 2002.

Attorney(s) appearing for the Case

Héctor E. Guzmán-Silva, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, and Juan F. Matos-DeJuan, Assistant Federal Public Defender, were on brief, for Appellant.

Thomas F. Klumper, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Sonia I. Torres, Assistant United States Attorney, were on brief, for the Appellee.

Before SELYA, Circuit Judge, FARRIS, Senior Circuit Judge, and HOWARD, Circuit Judge.

PER CURIAM.

Defendant Samuel Sanchez-Mota pleaded guilty to being an alien found in the United States after removal, in violation of 8 U.S.C. § 1326(a). The district court applied U.S.S.G. § 2L1.2(b)(1)(C) to enhance his base offense by 8 levels for remaining in the United States after an aggravated felony conviction. We reverse and remand for resentencing.

BACKGROUND

Title 8, § 1326(a) forbids an alien who was once removed from the...

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