Defendant's sentence for illegally reentering the U.S. is vacated where the district court erred in assessing a criminal history point based on Defendant's 2004 state loitering conviction, because Section 4A1.2(c)(2) of the Sentencing Guidelines provides that loitering is not a basis for enhancement.
Submitted December 12, 2008
Filed June 24, 2009
Opinion by Judge Pregerson
Brock H. Lunsford, Special Assistant United States Attorney, Domestic Security and Immigration Crimes Section, Los Angeles, CA