United States v. Sanner

EVANS, Circuit Judge.

For reasons which will become apparent later, we are consolidating these two seemingly unrelated cases for decision.

First to Ortiz. Adolfo Ortiz is a citizen of Mexico who was removed from the United States on two occasions. He never sought permission to reenter the country. However, he did reenter and was charged with illegal reentry into the United States after removal in violation of 8 U.S.C. § 1326(a) and (b)(2). He pled guilty and was sentenced to a term of 77 months in prison, a sentence he now appeals.

The judge determined under the United States Sentencing…