United States v. Jorge Rodriguez-Rodriguez, United States of America v. Jorge Rodriguez-Rodriguez

Jorge Rodriguez-Rodriguez (“Rodriguez”) was convicted of one count of illegal entry under 8 U.S.C. § 1326 and sentenced to twenty-one months in custody. The United States (“government”) appeals the sentencing judge’s application of United States Sentencing Guideline (U.S.S.G.) § 2L1.2(b)(l)(A), arguing that Rodriguez’s prior burglary constitutes a “crime of violence.” Rodriguez cross-appeals, arguing that (1) the government’s failure to allege voluntary entry in the indictment renders it insufficient, (2) the government used statements that were taken in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and (3) Rodriguez was denied his rights under the Confrontation Clause when the court denied his request to cross examine a witness regarding INS recordkeeping.

We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (b). We affirm Rodriguez’s conviction. We vacate Rodriguez’s sentence and remand to the district court for resentencing consistent with this opinion.

BACKGROUND

On June 21, 2002, Rodriguez was apprehended by border patrol. After admitting that he was a citizen and national of Mexico illegally in the United States, he was…