Guerrero-Jasso
United States v. Guerrero-Jasso
Opinion
Lead Opinion
Jensen, J.
ORDER AND MEMORANDUM OF DISPOSITION ON RESENTENCING
I. ORDER
Following remand to the Court and in accordance with the Order of the Ninth Circuit dated May 27, 2014, this Court held a sentencing hearing on July 31, 2014. As a result of that hearing it is HEREBY ORDERED:
1. The sentence imposed on June 21, 2012 is VACATED IN ITS ENTIRETY.
2. Manuel Guerrero-Jasso is sentenced on Count One of the Information to a term of 24 months. (Time has been served).
II. DISPOSITION
The defendant, Manuel Guerrero-Jasso (Guerrero-Jasso) pled guilty to an offense of unlawful re-entry into the United States after he had been deported. The Court found that he was subject to a maximum sentence of 20 years because he had been convicted of a felony drug trafficking offense before he was deported, and sentenced him to 42 months. On appeal, the Ninth Circuit found that the Court had committed Apprendi error when it found that he had been deported after he had been sentenced for the prior conviction. The Circuit Court ordered that the sentence was to be vacated, and that Guerrero-Jasso should be re-sentenced under circumstances where his maximum sentence was two years.