United States v. Carlos Fuentes-Canales

PRISCILLA R. OWEN, Circuit Judge:

The petition for panel rehearing is denied. We withdraw the opinions issued May 22, 2018, and substitute the following opinion.

Carlos Alberto Fuentes-Canales pleaded guilty to re-entering the United States illegally, an offense under 18 U.S.C. § 1326 . He had previously been convicted by a Texas state court for burglary of a habitation, 1 and that offense was the predicate for the federal district court's application of a 16-level sentencing enhancement under § 2L1.2(b)(1)(A)(ii) of the federal Sentencing Guidelines in effect in 2014, 2 without objection from…