United States v. Rojas-Luna

PRADO, Circuit Judge:

Defendant-Appellant Arturo Rojas-Luna (“Rojas-Luna”) appeals the sentence he received for violating 8 U.S.C. § 1326(a) by illegally entering the United States after previously being removed. Because we conclude that the district court’s use of Rojas-Luna’s 2006 removal for purposes enhancing his sentence pursuant to 8 U.S.C. § 1326(b)(2) was plainly erroneous, we VACATE Rojas-Luna’s sentence and REMAND for resentencing in conformance with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

Rojas-Luna, a citizen of Mexico who had previously been deported, was apprehended by…