Opinion

United States v. Guillen-Favela

  • 295 F. App'x 219
Court
Court of Appeals for the Ninth Circuit
Filed
Sep 30, 2008
Status
Published
Cited by
0 cases
Authority
More cited than 13.9%

The opinion

MEMORANDUM **

Dario Guillen-Favela appeals from the 80-month sentence imposed following his guilty-plea conviction for illegal re-entry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand.

Guillen-Favela contends that the district court erred by applying a 16-level enhancement for a previous drug trafficking offense under U.S.S.G. § 2L1.2(b)(l)(A) because the record did not establish that his previous conviction necessarily qualified as a drug trafficking offense. We conclude that the record does not clearly and unequivocally establish that Guillen-Favela was previously convicted of a drug trafficking offense, and that the enhancement was therefore improper. See Malta-Espinoza v. Gonzales, 478 F.3d 1080, 1082-1084 (9th Cir.2007); see also United States v. Kovac, 367 F.3d 1116, 1119 (9th Cir.2004).

VACATED and REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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