United States v. Marcelo Montanez-Trejo

PER CURIAM: *

Defendant-Appellant Marcelo Monta-nez-Trejo pleaded guilty, without a plea agreement, to illegally reentering the United States after previously having been removed. On appeal, Montanez-Trejo argues that the district court erred in entering judgment against him under 8 U.S.C. § 1326 (b)(2), rather than § 1326(b)(1), and erred in applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii). For the following reasons, we AFFIRM the conviction and sentence, and REMAND for the limited purpose of correcting the judgment as described below.

I. FACTUAL AND PROCEDURAL BACKGROUND

In…