U.S. v. Tovar-Pina

Dist. Ct. erred in sentencing defendant to 84-month term of incarceration, where Dist. Ct. based sentence on two 30-month consecutive sentences for illegal re-entry and bank fraud charges, as well as consecutive 24-month term of incarceration for violation of defendant’s supervised release. Dist. Ct. erred when it failed to determine single combined offense for illegal re-entry and bank fraud charges, where, as here, Dist. Ct. imposed sentence for both charges at same consolidated proceeding. Moreover, appropriate sentencing guideline range was concurrent 30-to 37 month term of incarceration for illegal re-entry and bank fraud charges instead of consecutive 30-month terms of incarceration for each charge.