United States v. McENRY
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
TASHIMA, Circuit Judge:
Michael McEnry (“McEnry”) was convicted, on a plea of guilty, of serving as an airman without an airman’s certificate, in violation of 49 U.S.C. § 46306(b)(7). He appeals from his sentence on the ground that the district court procedurally erred by sentencing him pursuant to U.S.S.G. § 2A5.2, rather than U.S.S.G. § 2B1.1. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we vacate the sentence and remand for resentencing.
I
On January 5, 2009, McEnry landed a Cessna 210F aircraft at the Eastern Sierra Regional Airport in Bishop, California. The…
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