Trevino-Trevino
United States v. Trevino-Trevino
Opinion
lead Opinion
MEMORANDUM *
Armando Trevino-Trevino (“Trevino”) appeals his sentence of 46 months’ incarceration and 3 years of supervised release for violation of 8 U.S.C. § 1326 , being a deported alien found in the United States. We vacate the sentence and remand for resentencing.
Because the parties are familiar with the factual and procedural histories of this case, we will not recount them here. We review the district court’s application of the Sentencing Guidelines de novo. United States v. Rodriguez-Rodriguez, 393 F.3d 849, 856 (9th Cir.2005), cert. denied, — U.S. —, 125 S.Ct. 2280 , 161 L.Ed.2d 1074 (2005).
I
Trevino argues that the district court erred when it applied a 16-level sentencing enhancement. We agree. United States *702 Sentencing Guidelines (“USSG” or “Sentencing Guidelines”) § 2L1.2(b)(l)(A)(ii) permits the sentencing judge to apply a 16-level enhancement if a defendant was deported following a conviction for a “crime of violence.” That manslaughter is “specifically enumerated as a crime of violence in [the Application Notes to USSG § 2L1.2] indicates that it is a crime of violence.” United States v. Velasquez-Reyes, 427 F.3d 1227, 1229 (9th Cir.2005). However,…