United States v. Rodriguez-Ocampo, No. 10-50528 (9th Cir. 2011)
Annotate this CaseDefendant, a Mexican national, was convicted of two counts of illegal entry and subsequently appealed the district court's application of a sixteen-level sentencing enhancement pursuant to U.S.S.G. 2L1.2(b). Because defendant's original removal order improperly waived his right to judicial review, the court held that the district court erred when it applied the sentencing enhancement under section 2L.1.2(b) and thus committed procedural error by incorrectly calculating his Guidelines range. Therefore, the court vacated defendant's sentence and remanded for resentencing.
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