United States v. Huizar, No. 11-6270 (10th Cir. 2012)
Annotate this CaseDefendant Alfredo Huizar pled guilty to reentering the United States illegally after an earlier deportation. The district court held that Defendant's 1995 California conviction for residential burglary qualified as a "crime of violence," triggering a sixteen-level enhancement. On appeal, Defendant argued the enhancement wasn't legally authorized and his sentence should have been reconsidered. Upon review of the district court record, the Tenth Circuit agreed that the district court erred in calculating Defendant's sentence. Accordingly, the Court vacated Defendant's sentence and remanded the case for resentencing.
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