United States v. Castro-Perez

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Miguel Castro-Perez appeals from a judgment of the district court sentencing him to sixty-three months’ imprisonment and three years’ supervised release, arguing the court improperly applied a two-level sentencing enhancement for possession of a firearm in connection with a drug trafficking offense. Our jurisdiction arises under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we remand for resentencing.

Background

The facts relevant to this appeal are not disputed. Mr. Castro-Perez was part of a cocaine trafficking operation in Jackson, Wyoming…