United States v. Mendoza-Blanco

Jorge Mendoza-Bianco pleaded guilty to attempted illegal reentry following deportation in violation of 8 U.S.C. § 1326. The presentence report (“PSR”) recommend an offense level of 24, which included a 16-level increase for a prior conviction. Mendoza-Bianco objected to the PSR on the basis of Blakely v. Washington, 1 which the district court denied in light of our decision in United States v. Pineiro. 2 Mendoza-Bianco now appeals his 100-month sentence pursuant to United States v. Booker. 3 Because Mendoza-Bianco preserved his claim of error and the government cannot show the error is…