United States v. Dominguez-Rodriguez, No. 15-2100 (10th Cir. 2016)Annotate this Case
Defendant Adan Humberto Dominguez-Rodriguez pleaded guilty to one count of illegally reentering the United States after having previously been deported. Prior to sentencing, the probation office recommended that the district court impose a sixteen-level enhancement to Dominguez-Rodriguez’s base offense level because Dominguez-Rodriguez was previously deported after having been convicted in federal court of possession with intent to distribute methamphetamine. Dominguez-Rodriguez objected to the proposed sixteen-level enhancement. At sentencing, the district court sustained Dominguez-Rodriguez’s objection, imposed an eight-level enhancement, and sentenced Dominguez-Rodriguez to six months’ imprisonment. The government appealed, arguing that the district court erred in failing to impose the sixteen-level enhancement. After review of the parties' arguments on appeal ,the Tenth Circuit agreed with the government and consequently remanded this case with instructions to vacate Dominguez-Rodriguez’s sentence and resentence.