United States v. Luis Narvaez-Gomez, AKA Manuel Gomez-Feliz

Defendant Luis Narvaez-Gomez (“Gomez”), also known as Manuel Gomez-Felis, appeals his conviction and sentence for illegal re-entry after removal in violation of 8 U.S.C. § 1326 . Gomez contends that the district court improperly (1) denied his motion to suppress post -Miranda statements, (2) excluded his cross-examination of government witnesses regarding official record-keeping, (3) imposed a 16-level enhancement for committing a prior crime of violence and (4) imposed a sentence greater than two years in violation of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000).

We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm the conviction, vacate the sentence and remand for re-sentencing.

I

Gomez was born in Mexico and was deported from the United States to Mexico numerous times between 1990 and 2004. Early on September 24, 2005, city police detained Gomez in a public park in California for violating a city ordinance that prohibits smoking in the park. Based on Gomez’s responses to their questions and his lack of identifying information, the police called the United States Border Patrol for assistance in ascertaining…