Aguilar-Reyes
United States v. Aguilar-Reyes
Opinion
Opinion
Lynn, J.
The government appeals the district court’s resentencing of Defendant Aguilar-Reyes, arguing that the district court did not have jurisdiction to resentence more than fourteen days after sentencing, under Federal Rule of Criminal Procedure 35(a). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (b)(1), and we vacate the amended judgment.
I. Background
On March 9, 2008, Arizona police arrested Aguilar-Reyes for illegally transporting aliens. He pled guilty to the Arizona state charge of “Attempt to Commit Smuggling,” in violation of Arizona Revised Statutes section 13-2319. Aguilar-Reyes was sentenced to three years of probation and deported to Mexico.
On August 4, 2009, police found Aguilar-Reyes in Arizona, driving a vehicle containing five illegal aliens. A grand jury indicted Aguilar-Reyes on one count of reentry of removed alien, in violation of 8 U.S.C. § 1326 (a), as enhanced by 8 U.S.C. § 1326 (b)(1). Aguilar-Reyes pled guilty, without a plea agreement. The presentence report concluded that Aguilar-Reyes’s 2008 state conviction was an “alien smuggling offense,” which triggered a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(vii).…