United States v. Owen Johnson

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Owen Johnson (“Johnson”) appeals from a sentence imposed on September 18, 2009, and entered on September 30, by the United States District Court for the Eastern District of Pennsylvania, which sentenced him to twenty-four (24) months’ imprisonment. For the reasons that follow, we will vacate the sentence and remand for re-sentencing.

I

On November 20, 2008, a grand jury returned a single-count indictment charging Johnson, a citizen of Jamaica, with illegal re-entry after deportation in violation of 8 U.S.C. § 1326(a) and (b)(1). Johnson pled…