United States v. Marcelino Aguilar-Reyes

OPINION

O’SCANNLAIN, Circuit Judge:

We must specify the proper appellate remedy for a defendant who is entitled to a resentencing but, having been deported, is unable to be present for a resentencing hearing.

I

In 2008, Marcelino Aguilar-Reyes, a Mexican citizen, was convicted in Arizona state court of “attempt to commit smuggling” in violation of A.R.S. § 13-2319. He was sentenced to three years’ probation and later deported to Mexico.

A year later, Aguilar-Reyes was caught in Arizona driving a vehicle containing five illegal aliens. He pleaded guilty in federal court to one count of reentry of a…