United States v. Soza, No. 16-41689 (5th Cir. 2017)Annotate this Case
The Fifth Circuit affirmed the district court's calculation of defendant's criminal history points after he pleaded guilty to one count of unlawful possession of firearms with altered and obliterated serial numbers. However, the court held that the record did not clearly demonstrate that defendant's sentence was not influenced in any way by the erroneous Guideline calculation. The court vacated defendant's sentence and remanded for resentencing so that the district court may determine, in the first instance, whether supplemental evidence should be considered and, if so, whether such evidence is sufficient to establish the requisite intent.