United States v. Rodriguez-Escareno, No. 11-41063 (5th Cir. 2012)
Annotate this CaseDefendant pled guilty to illegal reentry following a deportation. Defendant had earlier been convicted of a conspiracy to distribute methamphetamine. The district court increased defendant's sentence because it considered the earlier crime to be a "drug trafficking offense" as that term was defined by U.S.S.G. 2L1.2(b)(1)(A)(i). The court held that the district court erred in its interpretation of "conspiracy" as not requiring an over act. The error was plain and affected defendant's substantial rights because the error increased the term of his sentence. Accordingly, the court vacated and remanded for resentencing.
The court issued a subsequent related opinion or order on November 1, 2012.
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