United States v. Sanchez-Mota

Defendant Samuel Sanchez-Mota pleaded guilty to being an alien found in the United States after removal, in violation of 8 U.S.C. § 1326(a). The district court applied U.S.S.G. § 2L1.2(b)(l)(C) to enhance his base offense by. 8 levels for remaining in the United States after an aggravated felony conviction. We reverse and remand for resentencing. .'

BACKGROUND

Title 8, § 1326(a) forbids an alien who was once removed from the country to return to the United States without special permission, and it authorizes a prison term of up to, but no more than, two years. Section 1326(b) authorizes a…