United States v. Gutierrez-Bautista

OWEN, Circuit Judge:

We withdraw the opinion released July-27, 2007, and issue the following.

Defendant-Appellant Jaime Gutierrez-Bautista pleaded guilty without a plea agreement to being unlawfully present in the United States after deportation. In calculating the advisory Sentencing Guideline range of imprisonment, the district court applied a 16-level increase under U.S.S.G. § 2L1.2(a), concluding that Gutierrez-Bautista had previously been convicted in Georgia of a drug trafficking offense, within the meaning of the Guidelines. 1 Gutierrez-Baustista asserts that the Georgia conviction was…