UNITED STATES v. FIERRO-REYNA

No. 05-51198.

466 F.3d 324 (2006)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SERGIO ARMANDO FIERRO-REYNA, also known as Sergio Fierro, also known as Sergio Fierro Reyna, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit

September 28, 2006.


JERRY E. SMITH, Circuit Judge:

Sergio Armando Fierro-Reyna pleaded guilty of illegal reentry after deportation in violation of 8 U.S.C. § 1326. He challenges his sentence. We vacate and remand for resentencing.

I.

The issue is the impact on Fierro-Reyna's sentence of his 1979 Texas conviction of aggravated assault of a police officer. The presentence investigation report ("PSR") recommended a base offense level of 8, pursuant to U.S.S.G. §...

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