United States v. Rios Marroquin

The Fifth Circuit vacated defendant's sentence after he pleaded guilty to illegal reentry. Defendant was sentenced in part based on two points for a North Carolina conviction for a drug offense in 2005. Another two points were for a North Carolina conviction for violating the same statute in 2006. The North Carolina court had consolidated those two cases into a single judgment and sentenced defendant accordingly. The court held that it was obvious error to score the consolidated sentence twice and the court chose to correct the error in light of its effect on the sentence combined with the nature of the error. Accordingly, the court remanded for resentencing. View "United States v. Rios Marroquin" on Justia Law