Defendant’s sentence for illegally reentering the U.S. is vacated where the district court erred in assessing a criminal history point based on Defendant’s 2004 state loitering conviction, because Section 4A1.2(c)(2) of the Sentencing Guidelines provides that loitering is not a basis for enhancement.
Read US v. Espinosa, No. 08-50092
Appellate Information
Submitted December 12, 2008
Filed June 24, 2009
Judges
Opinion by Judge Pregerson
Counsel
For Appellant:
Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA
For Appellee:
Brock H. Lunsford, Special Assistant United States Attorney, Domestic Security and Immigration Crimes Section, Los Angeles, CA
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