United States v. Jose Luis Navidad-Marcos

Jose Luis Navidad-Marcos appeals the district court’s enhancement of his offense level by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(i) on account of his 1994 conviction in violation of California Health and Safety Code § 11379(a). We vacate the sentence and remand for resentencing.

I

•Mexican citizen Navidad-Marcos was arrested by police officers in Reno, Nevada, for trafficking in controlled substances. He was subsequently convicted and sentenced to state prison. The United States Immigration and Naturalization Service (“INS”) became aware of his presence while he was in state custody and interviewed him. Navidad-Marcos admitted to the INS that he had previously been deported and reentered the United States illegally. The INS confirmed this admission by investigation and fingerprint analysis.

Navidad-Mareos was indicted and charged with willfully being unlawfully in this country in violation of 8 U.S.C. § 1326 (a) after being previously arrested and deported, removed, and/or excluded. He pleaded not guilty, but subsequently pleaded guilty to the one count indictment without a plea agreement.

A Presentence Investigation Report (“PSR”) was prepared in anticipation of the…