U.S. v. Lopez

Dist. Ct. erred in increasing defendant's offense level by 16 levels under section 2L1.2 of USSG in sentencing him on charge of illegal re-entry into U.S. after having been deported where offense level increase was based on three-year sentence that resulted from probation revocation that occurred after defendant had served original 180-day sentence on said charge. Relevant sentence for purpose of imposing instant enhancement was original 180-day term of incarceration, and thus Dist. Ct. should have increased offense level by only 12 levels since original sentence was less than 13 months.