United States v. Perez-Mateo

The Fifth Circuit vacated defendant's sentence imposed after he pleaded guilty to illegal reentry. The pre-sentence report (PSR) assessed two points stemming from a prior February 2017 misdemeanor conviction for aiding and abetting illegal entry.The court held that, because the dates in the PSR unambiguously established March 2, 2018 as defendant's reentry date, defendant has shown plain error. Furthermore, the error affected defendant's substantial rights, because the district court referred to the Guidelines range multiple times and ultimately imposed a sentence at the top of the range. Finally, this case did not present any other identified countervailing factors justifying the denial of relief under Federal Rule of Criminal Procedure 52(b). View "United States v. Perez-Mateo" on Justia Law