United States v. Matamoros-Modesta

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

OPINION

KING, Circuit Judge:

Santos Matamoros-Modesta appeals in No. 07-4105 from his thirty-seven-month sentence for illegal reentry into the United States after removal, in contravention of the Immigration and Nationality Act (the “INA”), specifically 8 U.S.C. § 1326. Matamoros-Modesta maintains that the district court erred — in the wake of the Supreme Court’s decision in Lopez v. Gonzales, 549 U.S. 47, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006) — by enhancing his sentence for…