United States v. Argumedo-Perez

PER CURIAM: *

Jose Juan Argumedo-Perez pled guilty to remaining in the United States illegally in violation of 8 U.S.C. § 1326 and was sentenced to 30 months in prison. He challenges an aggravated felony sentencing enhancement for theft applied because of a prior conviction in Virginia for grand larceny. Under Virginia law, however, and the record of conviction, Argumedo-Perez’s conduct does not necessarily fall within this court’s generic definition of theft. Because this error affected his substantial rights, we VACATE Argumedo-Perez’s sentence and REMAND this case for resentencing.

I.…