United States v. Elisa Rodriguez-Gonzales

T.G. NELSON, Circuit Judge:

The Government appeals the district court’s sentencing of Defendant Elisa Rodriguez-Gonzales to two consecutive six-month terms for two illegal entries into the United States in violation of 8 U.S.C. § 1325. The Government argues that the court was required to impose the statutory maximum term of twenty-four months’ imprisonment for the second violation because it was a subsequent commission under § 1325. The district court held that it could not impose the statutory maximum because the Government failed to charge the second entry specifically as a second violation.…