United States v. Gutierrez-Ramirez

W. EUGENE DAVIS, Circuit Judge:

Defendant Arturo Gutierrez-Ramirez (Gutierrez-Ramirez) challenges a 16-level enhancement of his sentence based on a prior conviction for a “drug trafficking offense” as authorized by § 2L1.2 (b)(l)(A)(i) of the United States Sentencing Guidelines (“Guidelines”). We conclude that the district court erred in. using a California abstract of judgment to determine whether the defendant’s prior California conviction qualified as a “drug trafficking offense.” We therefore VACATE Gutierrez-Ramirez’s sentence and REMAND for resen-tencing in accordance with this opinion…