United States v. Leonel Rodriguez-Ceballos
Court of Appeals for the Eighth Circuit
1Opinion of the Court
RILEY, Circuit Judge.
Leonel Rodriguez-Ceballos (Rodriguez-Ceballos) appeals the sentence he received after pleading guilty to illegal reentry following deportation. We reverse the district court, vacate Rodriguez-Ceballos’s sentence, and remand for resentencing in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
I. BACKGROUND
On December 20, 2002, Rodriguez-Ce-ballos pled guilty to illegal reentry following deportation, in violation of 8 U.S.C. § 1326. The Presentence Investigation Report (PSR) recommended an offense level of 21, which included a 16-level…
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