United States v. Castro-Vazquez

DYK, Circuit Judge.

Ademir Castro-Vazquez pled guilty to being a prohibited person in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On appeal he challenges his conviction and the 78-month sentence imposed by the United States District Court for the District of Puerto Rico. We affirm Castro-Vazquez’s conviction, but we vacate and remand for reconsideration of the sentence because the district court erred in its approach to applying a ten-level sentencing enhancement under the United States Sentencing Guidelines (“guidelines”) § 2K2.1(a)(2).

I

On September 26, 2012, acting on an…