Mendez-Sosa

ORDER

The opinion filed on March 2, 2015 [ 778 F.3d 1117 ] is amended as follows:

On slip opinion page 6 [ 778 F.3d at 1119 ], line 18, add the following citation after “without her consent.”:

*1063 With this amendment, Judges Smith and Friedland voted to deny the petition for rehearing en banc, and Judge Wallace so recommended.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. Mendez-Sosa’s petition for rehearing en banc is therefore DENIED. No further petitions for rehearing or rehearing en banc will be entertained.

OPINION

Juan Alberto Mendez-Sosa appeals from the district court’s sentence of thirty-seven months in prison. The court imposed this sentence after Mendez-Sosa pled guilty to violating 8 U.S.C. § 1326 (a), which prohibits unauthorized reentry into the United States after deportation. In applying the federal sentencing guidelines, the district judge assessed a 16-level sentencing enhancement because she concluded that Mendez-Sosa was previously convicted of Criminal Sexual Contact under New Jersey law, an offense which the judge concluded was a…