United States v. Aguilar-Reyes, No. 10-10092 (9th Cir. 2013)
Annotate this CaseDefendant, a Mexican citizen, alleged that the Arizona crime of conviction, "attempt to commit smuggling" in violation of A.R.S. 13-2319, did not categorically fit the federal definition of an alien smuggling offense and thus ought not to have triggered a sixteen-level sentencing guidelines enhancement. On the merits, the parties agreed that defendant was improperly sentenced. However, the issue on appeal was the proper appellate remedy for defendant who was entitled to a resentencing but, having been deported, was unable to be present for a resentencing hearing. The court affirmed the sentence without prejudice, pursuant to United States v. Plancarte-Alvarez, to a later request by defendant, if and when he should return to the United States or waive his right to be physically present at resentencing, that his previous sentence be vacated and that he be resentenced in light of this opinion.
Court Description: Criminal Law. The panel affirmed a deported defendant’s sentence without prejudice to a later request by the defendant, if and when he should return to the United States or waive his right to be physically present at resentencing, that his previous sentence be vacated and that he be resentenced in this case in which the government agrees that the defendant was improperly sentenced. The panel rejected the defendant’s argument that this appellate remedy, which was set forth in United States v. Plancarte-Alvarez, 366 F.3d 1058 (9th Cir. 2004), applies only when it is the government that is entitled to seek resentencing. The government contested on appeal neither of the defendant’s two bases for his theory that A.R.S. § 13-2319 does not categorically fit the federal definition of an alien smuggling offense and thus ought not to have triggered a 16- level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(vii).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.