United States v. Vicente Gutierrez
United States v. Vicente Gutierrez
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.