United States v. Jose Prisciliano Gracia-Cantu

KING, Chief Judge:

Defendant-Appellant Jose Priseiliano Gracia-Cantu appeals his sentence imposed by the district court for a violation of 8 U.S.C. § 1326(a) & (b) (2000). For the following reasons, we VACATE Gra-cia-Cantu’s sentence and REMAND for resentencing in accordance with this opinion.

I. FACTUAL AND PROCEDURAL HISTORY

On April 14, 2001, the United States Border Patrol discovered Defendant-Appellant Jose Priseiliano Gracia-Cantu at the Falfurrias Border Patrol Checkpoint near Falfurrias, Texas. Gracia-Cantu was charged with the offense of illegal re-entry after deportation in violation…