Reina-Rodriguez

FACTS

Reina-Rodriguez was found in Arizona after having been previously deported. He was indicted for illegal reentry in violation of 8 U.S.C. § 1326. He pled guilty to the indictment without a plea agreement.

During his change of plea hearing, Reina-Rodriguez admit- ted that he had a prior felony conviction. He did not admit the type of conviction or that it was a crime of violence.

At the sentencing hearing, the district court had before it two documents regarding Reina-Rodriguez’s prior conviction. The first was the State’s charging document entitled “Infor- 1 We recognize that the Guidelines are now advisory. See United States v. Booker, 543 U.S. 220 (2005); United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). But, as Booker explained, judges are still required “to take account of the Guidelines together with other sentencing goals.” 543 U.S. at 259 (citing 18 U.S.C. § 3553(a)). “It is therefore appro- priate that we consider whether the district judge correctly interpreted and applied the guidelines below.” United States v. Guerrero-Velasquez, 434 F.3d 1193, 1195 n.1 (9th Cir. 2006). 18578 UNITED STATES v. REINA-RODRIGUEZ mation,” and the second…