United States v. Martinez-Lugo

Defendant pleaded guilty to being unlawfully present in the United States after removal. On appeal, defendant challenged the application of a 16-level enhancement under U.S.S.G. 2L1.2(b)(1)(A)(i) for his having been removed following a conviction for a drug trafficking offense for which the sentence was greater than 13 months based upon defendant's 2002 Georgia conviction for possession with intent to distribute marijuana. The court concluded that the district court misapplied section 2L1.2(b)(1)(A)(i) because the Georgia conviction, which did not necessarily require remuneration, did not support the enhancement for a "drug trafficking offense." Accordingly, the court vacated the sentence and remanded for resentencing. View "United States v. Martinez-Lugo" on Justia Law