United States v. Mario Sanchez-Arvizu

Mario Sanchez-Arvizu pleaded guilty to illegal reentry and was sentenced to 42 months in prison. He appeals, arguing for the first time that the district court erred by applying a 16-level enhancement for his prior conviction for indecency with a child. Concluding that the district court committed reversible plain error, we VACATE his sentence and REMAND for resentencing.

I

Sanchez-Arvizu pleaded guilty to illegal reentry in violation of 8 U.S.C. §§ 1326 (a) and (b)(2). Applying the 2015 Sentencing Guidelines, the probation officer assessed a 16-level enhancement under U.S.S.G. §…