District court's sentencing of a Guatemalan citizen for illegally re-entering the US following deportation to fifty-seven months in prison and three years of supervised release after applying a sixteen level enhancement is vacated and remanded for resentencing as section 2L1.2(b)(1)(A) requires a prior conviction for a felony that is a drug trafficking offense, not simply a conviction under a statute that criminalizes drug trafficking as well as other activities.
Argued: September 25, 2009
Decided: November 9, 2009
Opinion by Judge Motz
For Appellant: G. Alan DuBois, Office of the Federal Public Defender, Raleigh, North Carolina
For Appellee: Jennifer P. May-Parker, Office of the US Attorney, Raleigh, North Carolina