United States v. Gilberto Lara-Ruiz

BEAM, Circuit Judge.

Gilberto Lara-Ruiz appeals his sentence. Having jurisdiction under 28 U.S.C. § 1291, we remand to the district court for resentencing.

1. BACKGROUND

On October 10, 2012, pursuant to United States v. Larar-Ruiz, 681 F.3d 914 (8th Cir.2012) (Lara-Ruiz II),1 the district court resentenced Lara-Ruiz on count 15. Count 15 of the indictment reads:

That on or about November 18, 2006, in the Western District of Missouri, Gilberto Lara-Ruiz, a/k/a “Hill”, defendant herein, during and in relation to a drug trafficking crime for which he may be prosecuted in a court of the United…