United States v. Hernandez-Noriega

ORDER ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

ROBERT H. HENRY, Circuit Judge.

Jorge Hernandez-Noriega contends that the district court committed plain non-constitutional sentencing error when it applied a sixteen-level enhancement under USSG § 2L1.2(a) to his offense level, as required at the time under the Guidelines. For the reasons stated herein, we vacate Mr. Hernandez-Noriega’s sentence and remand for resentencing.

I. BACKGROUND

Mr. Hernandez-Noriega was convicted of reentry of a deported alien previously convicted of an aggravated felony, in violation of 8 U.S.C. § 1326(a)(1)…