United States v. Moises Catalan

We consider in this appeal whether a “sentence imposed” pursuant to section 2L1.2(b)(l) of the United States Sentencing Guidelines includes a probation revocation sentence served after the defendant was deported. Moisés Vasquez Catalan argues that the district court incorrectly calculated his advisory guidelines range by imposing a 16-level enhancement, rather than a 12-level enhancement, pursuant to section 2L1.2(b)(l). The Sentencing Commission recently clarified that a probation revocation sentence served after deportation should not be used to calculate the “sentence imposed” under section 2L1.2(b)(l). Applying this amendment retroactively, we vacate Catalan’s sentence and remand for resentencing.

I

In 2007, Catalan was convicted of possession for sale of a controlled substance in violation of California law. A state judge sentenced him to serve 180 days in jail followed by 36 months probation. As soon as Catalan completed his jail sentence, he was deported to Mexico. He subsequently entered the United States illegally.

Two years later, California police arrested Catalan for driving without a license. A court sentenced him to 60 days in jail for providing a false…