United States v. Ruben Paz-Giron

SYKES, Circuit Judge.

Ruben Paz-Giron, a 46-year-old citizen of Mexico, pleaded guilty to being unlawfully present in the United States after removal, 8 U.S.C. § 1326(a), and was sentenced to 24 months in prison. He claims that the district court misapplied an 8-level upward adjustment in the Sentencing Guidelines for aliens who unlawfully remain in the United States after being convicted of an aggravated felony. See U.S.S.G. § 2L1.2(b)(l)(C). Because Paz-Giron does not qualify for the adjustment, we vacate the sentence and remand for resentencing.

I. Background

Paz-Giron entered the United…