United States v. Juan Elisea-Gonzalez

MEMORANDUM

Juan Elisea-Gonzalez appeals from the district court’s judgment and challenges the 75-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

Elisea-Gonzalez makes various allegations of error, including that the district court erred by failing to sua sponte award him a third-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(b). By joint motion, the parties acknowledge that remand for resentencing is warranted in light of a 2013 amendment to the commentary accompanying U.S.S.G. § 3E1.1(b). See U.S.S.G. § 3E1.1 cmt. n. 6. The parties request, however, that the appeal proceed as to Elisea-Gonzalez’s challenge concerning the district court’s application of a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A). We grant the parties’ motion.

Elisea-Gonzalez first challenges the 16-level enhancement on the ground that it results in impermissible double counting. This contention is foreclosed. See United States v. Garcia-Cardenas, 555 F.3d 1049, 1050 (9th Cir.2009) (per curiam). Elisea-Gonzalez…