US v. Espinosa, No. 08-50092

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