United States v. Oscar Juarez

Oscar Eduardo Juarez appeals his ten-year sentence for brandishing a firearm. Because there is uncertainty in the record as to whether the district court intended to impose an upward departure or variance or erroneously believed that the ten-year sentence was within the Sentencing Guidelines, and because the government has not shown that any procedural error was harmless, we VACATE Juarez’s sentence and REMAND for resentencing.

I

Juarez was charged with one count of carjacking in violation of 18 U.S.C. § 2119 and one count of brandishing a firearm during and in relation to a crime of violence…