United States v. Catalan, No. 11-50318 (9th Cir. 2012)Annotate this Case
Defendant appealed his sentence for illegal reentry. The court held that a November 1, 2012 amendment to the Sentencing Guidelines clarified, rather than altered, existing law in providing that a probation revocation sentence served after deportation should not be used to calculate the "sentence imposed" under U.S.S.G. 2L1.2(b)(1). Therefore, the court applied the amendment retroactively and concluded that the district court erred in imposing a 16-level enhancement under U.S.S.G. 2L1.2(b)(1)(A) rather than a 12-level enhancement under U.S.S.G. 2L1.2(b)(1)(B).