United States v. Baca-Baca

ORDER

Jorge Baca-Baca challenges his 57-month prison sentence for being in the United States without permission after removal. See 8 U.S.C. § 1326(a). He contends that the district court mistakenly thought that it could not disagree, as a matter of discretion under 18 U.S.C. § 3553(a), with the 16-level upward adjustment under U.S.S.G. § 2L1.2(b)(l)(A)(ii) and thus refused to impose a sentence below the guidelines range. We agree and remand for resentencing.

Baca-Baca, a Mexican citizen, was a child when he entered the United States with his mother. According to his lawyer, his mother…