United States v. Efrain Rodriguez, A/K/A Feratu Rodriguez

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge TRAXLER and Judge DUNCAN joined.

OPINION

KING, Circuit Judge.

Appellant Efrain Rodriguez seeks relief from the forty-six-month sentence imposed upon him after his 2004 guilty plea and conviction in the Eastern District of Virginia. Rodriguez was convicted of unlawfully entering the United States after having been deported, following an earlier conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). In calculating his sentencing range, the district court found that Rodriguez had a…