United States v. Hernandez Martinez

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The Ninth Circuit vacated defendant's sentence for illegal reentry. At sentencing, the district court applied an eight-level enhancement under USSG 2L1.2(b)(2)(B) of the 2016 United States Sentencing Guidelines, which was applicable if, before the defendant was ordered deported or ordered removed from the United States for the first time, the defendant sustained a conviction for a felony offense (other than an illegal reentry offense) for which the sentence imposed was two years or more. In this case, although defendant sustained a felony conviction for lewd conduct with a child before he was first ordered deported, he was sentenced to only one year of incarceration before his first deportation order; the sentence was increased to three years of incarceration after he returned to the United States. Therefore, the panel held that defendant's conviction did not qualify for the enhancement under 2L1.2(b)(2)(B). View "United States v. Hernandez Martinez" on Justia Law