U.S. v. Paz-Giron

Dist. Ct. erred in sentencing defendant to 24-month term of incarceration on charge of unlawful presence in U.S. after being removed, based in part on Dist. Ct.’s application of 8-level upward adjustment under section 2L1.2(b)(1)(C) of USSG that applies for aliens remaining in U.S. after being convicted of aggravated felony. Defendant did not qualify for said enhancement, since record showed that defendant was removed in 2002, which was long before he had committed relevant aggravated felony in 2013.