United States v. John Romero

MEMORANDUM

Defendant-Appellant John Romero (Romero) appeals from the district court’s sentence of 41 months’ imprisonment. His sentence was based in large part on a 16-level increase to his base offense level pursuant to United States Sentencing Commission Guidelines Manual (Sentencing Manual) § 2B l.l(b)(l)(I). Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We vacate Romero’s sentence and remand the case to the district court for resentencing consistent with the instructions provided in this memorandum disposition.

The district court did not err in failing to apply Sentencing Manual § 2E5.3. Romero was convicted of three counts of violating 18 U.S.C. § 1001 , and the Sentencing Manual specifies § 2B 1.1 as the guideline section application to this statute of conviction. See U.S. Sentencing Guidelines Manual appendix A. There was no reason to deviate from the general rule of determining the offense level for violations of 18 U.S.C. § 1001 under Sentencing Manual § 2B1.1. Romero’s…