United States v. Miranda-Ortegon

REAVLEY, Circuit Judge:

Jose Miranda Ortegon challenges the sentence imposed on him after pleading guilty to illegally reentering the United States after deportation. He contends the district court erred when calculating his offense level under the United States Sentencing Guidelines, in particular by applying a sixteen-level adjustment on the basis of an Oklahoma conviction for domestic assault and battery, which the district court concluded was a “crime of violence” under U.S.S.G. § 2L1.2(b)(1)(A)(ii). We agree with Ortegon, and we VACATE his sentence and REMAND the case for re-sentencing.

I.…