Munoz-Camarena

United States v. Munoz-Camarena

Good Law
631 F.3d 1028·2011 WL 257966·2011 U.S. App. LEXIS 1772
United States Court of Appeals for the Ninth CircuitJanuary 28, 2011No. 09-50088California1,395 words

Opinion

Lead Opinion

ORDER

The Opinion filed September 3, 2010, slip op. 13455, and appearing at 621 F.3d 967 (9th Cir.2010), is withdrawn. It may not be cited as precedent by or to this coui't or any district court of the Ninth Circuit.

The petition for panel rehearing is granted in part. A new opinion is being filed concurrently with this order.

The parties may file new petitions for rehearing or petitions for rehearing en banc.

OPINION

Eduardo Munoz-Camarena appeals his 65-month sentence for attempted illegal re-entry after deportation in violation of 8 U.S.C. § 1326 (a) & (b). While his appeal was pending, the Supreme Court issued its decision in Carachuri-Rosendo v. Holder, — U.S. -, 130 S.Ct. 2577 , 177 L.Ed.2d 68 (2010), which casts doubt on the district court’s calculation of the recommended Guidelines sentence in this case. We vacate the Appellant’s sentence and remand for re-sentencing.

The U.S. Sentencing Guidelines Manual 1 instructs a district court to increase the base offense level for illegal re-entry by eight points if the defendant was previously convicted of an aggravated felony and then deported, U.S.S.G. § 2L1.2(b)(l)(C), or four points if the defendant was previously…

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