Reina-Rodriguez
Reina-Rodriguez v. United States
Opinion
Opinion
THOMAS, J.
Dennis K. Burke, United States Attorney, Christina M. Cabanillas, Appellate Chief, Elizabeth Adair Strange, Assistant United States Attorney, Tucson, AZ, for appellee United States of America.
Before: BETTY B. FLETCHER and SIDNEY R. THOMAS, Circuit Judges, and NANCY GERTNER, District Judge. [*]
THOMAS, Circuit Judge:
The opinion filed on June 22, 2011 is WITHDRAWN. A new opinion will be filed concomitantly with this order. The order filed August 19, 2011 granting the United States an extension of time in which to file a petition for rehearing is VACATED as moot. The parties will be permitted to file new petitions for rehearing and rehearing en banc as to the new opinion, if they choose to do so.
In this appeal, we consider whether our decision in United States v. Grisel has retroactive effect. We conclude that it does, and we reverse the judgment of the district court.
Hector Reina-Rodriguez appeals the district court's denial of his 28 U.S.C. § 2255 motion to correct a federal sentencing enhancement imposed on account of his Utah conviction for burglarizing a "dwelling." Reina-Rodriguez was indicted in federal district court for illegal re-entry after deportation, in…