Suarez-Russell

MEMORANDUM **

Alan Roy Suarez-Russell (“Suarez-Russell”), an alien, seeks reversal of his conviction and his consequent sentence on a charge of reentry following removal under 8 U.S.C. § 1326 (a) as enhanced by 8 U.S.C. § 1326 (b)(2). As for his conviction, Suarez-Russell contends that the district court erred in failing to suppress statements he made to an Immigration and Naturalization Service (“INS”) inspector. And as for his sentence, Suarez-Russell argues that a 16-level enhancement of his offense level under the Sentencing Guidelines (“Guidelines”) was improper. We affirm his conviction, but we vacate his sentence and remand for resentencing.

First Suarez-Russell urges that the district court erred in admitting statements taken in asserted violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Though he acknowledges that he received an adequate Miranda warning, he says that a set of INS administrative warnings read to him after the standard Miranda recitation confused him so that he could no longer understand or meaningfully exercise his Miranda rights. On that score he points to our decision in United States v. San Juan-Cruz, 314 F.3d 384,…