United States v. Julio Almazan-Becerra

Almazan-Becerra appeals from his sentence of seventy months imprisonment following a conviction of illegal reentry following deportation in violation of 8 U.S.C. § 1326 . He argues that application of a sixteen-level enhancement for a prior felony drug conviction was erroneous. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a). We vacate the sentence and remand for resentencing.

I.

Almazan-Becerra is a Mexican national who has previously been deported from the United States on three occasions: May 14, 1992, October 31, 1997, and September 12, 2002. On September 3, 2003, he was found in Northern California and later identified by his fingerprints. He was charged with and convicted of illegal reentry, 18 U.S.C. § 1326 . He does not appeal from that conviction. Rather, he contends that he was improperly sentenced based on two potentially relevant prior convictions.

In January 1995, Almazan-Becerra was convicted of violating California Health & Safety Code § 11360(A), a felony drug offense, for conduct involving marijuana. In 1998, he was convicted of violating California Health & Safety Code § 11379, a felony drug offense, for transporting methamphetamine.

The 1995 conviction…