United States v. Jose Cendejas-Campezano

MEMORANDUM

Jose Salvador Cendejas-Campezano appeals from the district court’s imposition of a 24-month sentence for violating the conditions of his supervised release by entering the United States illegally in violation of 8 U.S.C. § 1325 . We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand.

In November 2013, while serving a term of supervised release, Cendejas-Campeza-no was arrested in California. He was subsequently charged, in part, with violating a condition of his supervised release that prohibited him from committing new crimes. Among other crimes, Cendejas-Campezano allegedly violated 8 U.S.C. § 1326 (entry after deportation) and 8 U.S.C. § 1325 (improper entry into the United States). The petition to revoke supervised release listed these alleged crimes as Allegations 3 and 4, respectively.

The district court found that Cendejas-Campezano had violated a condition of his supervised release, and classified the violation as a Grade B violation under the U.S. Sentencing Guidelines. Considering Cen-dejas-Campezano’s criminal history, the court calculated a sentence range of 18 to 24 months and imposed a 24-month sentence. See U.S.S.G. §§ 7B1.1,…