United States v. Jose Luis Navidad-Marcos
Court of Appeals for the Ninth Circuit
1Opinion of the Court
THOMAS, Circuit Judge:
Jose Luis Navidad-Marcos appeals the district court’s enhancement of his offense level by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(i) on account of his 1994 conviction in violation of California Health and Safety Code § 11379(a). We vacate the sentence and remand for resentencing.
I
•Mexican citizen Navidad-Marcos was arrested by police officers in Reno, Nevada, for trafficking in controlled substances. He was subsequently convicted and sentenced to state prison. The United States Immigration and Naturalization Service (“INS”) became aware of his presence while he…
2Cases cited12 opinions
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