United States v. Juan Buenrostro-Torres

I.OVERVIEW

Juan Buenrostro-Torres appeals his sentence imposed after he pleaded guilty to four counts of possession of false immigration documents and document-making equipment with intent to produce and transfer the documents, and possession of counterfeit alien registration receipt cards, in violation of 18 U.S.C. §§ 1028 (a)(3), 1028(a)(5) & 1546(a). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We remand for re-sentencing.

II.BACKGROUND

In September of 1992, a confidential Immigration and Naturalization Service (“INS”) informant, outfitted with wire equipment, approached two men to buy false immigration documents. The two men, followed by INS agents, left the confidential informant waiting on the sidewalk and drove to Mr. Buen-rostro-Torres’s house to get the documents. The agents watched the two men talk to Buenrostro-Torres and get back in their car, and then they followed the men back to where the confidential informant was waiting. The men told the confidential informant that they needed money up front, and the informant gave them $100. The men took the money and went back to Buenrostro-Torres’s house, again followed by INS agents. They went into…