United States v. Hugo Gutierrez-Sanchez

ORDER AND AMENDED OPINION

ORDER

The petition for rehearing is granted to the extent that the following two changes are made in our opinion filed on March 23, 2009 and reported at 559 F.3d 1088 .

On page 1090, in the carry-over paragraph of column 2, paragraph 1:

(1) Delete “returned to” and substitute “entered” in subdivision “(3)”; and (2) Replace “when he lied to the federal officers about his immigration status” in subdivision “(5)” with “when he entered the United States in violation of a prior deportation order and gave a false name to the federal officers.”

In all other respects, the petition for rehearing is denied. No future petitions for panel rehearing or rehearing en banc may be filed.

OPINION

The appellant Hugo Gutierrez-Sanchez challenges his sentence primarily because, although he pleaded guilty to an offense for which the United States Sentencing Guidelines (“the Guidelines”) recommended a particular sentence, he was given a more severe sentence that the Guidelines recommended for a related, more serious offense. The Guidelines, however, provide that if a plea agreement “specifically establishes the commission of additional offense(s),” it shall be “treated…