USA v. Vicente Gutierrez, No. 10-15574 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 10-15574 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JUNE 24, 2011 JOHN LEY CLERK D.C. Docket No. 2:10-cr-14034-JEM-1 UNITED STATES OF AMERICA, llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee, versus VICENTE GUTIERREZ, a.k.a. Juan Jose Pavon-Cabrera, llllllllllllllllllllllllllllllllllllllll Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (June 24, 2011) Before WILSON, PRYOR and FAY, Circuit Judges. PER CURIAM: Vicente Gutierrez appeals his sentence of imprisonment for 57 months after pleading guilty to illegal re-entry after deportation. 8 U.S.C. § 1326(a). Gutierrez argues, and the government concedes, that the district court erred in enhancing his sentence eight levels, U.S.S.G. § 2L1.2(b)(1)(C), based on a finding that his prior conviction for second-degree stalking, Ky. Rev. Stat. Ann. § 508.150, constituted a crime of violence, 18 U.S.C. § 924(e)(2)(B)(i). Gutierrez also argues that his sentence is unreasonable. Because the district court clearly erred in imposing the eight-level enhancement, we need not address Gutierrez s other arguments. We vacate Gutierrez s sentence and remand for further proceedings. VACATED AND REMANDED. 2

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