United States v. Lizarraga-Orduno

ORDER ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

BRORBY, Circuit Judge.

Appellant Jose Rolando Lizarraga-Orduno pled guilty to reentry of a deported alien previously convicted of an aggravated felony in violation of 8 U.S.C. § 1326(a)(1) and (b)(2). See United States v. Lizarraga-Orduno, 118 Fed.Appx. 439 (10th Cir. 2004) (unpublished op.) (Lizarraga-Orduno I), vacated and remanded, — U.S. -, 125 S.Ct. 1678, 161 L.Ed.2d 471 (2005) (Lizarraga-Orduno II). The district court sentenced him to forty-one months imprisonment after determining his prior conviction for a drug trafficking…