USA vs Vicente Gutierrez

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 24, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-15574
Non-Argument Calendar
________________________
D.C. Docket No. 2:10-cr-14034-JEM-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
VICENTE GUTIERREZ,
a.k.a. Juan Jose Pavon-Cabrera,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(June 24, 2011)
Before WILSON, PRYOR and FAY, Circuit Judges.
PER CURIAM:
Vicente Gutierrez appeals his sentence of imprisonment for 57 months after

-- 1 of 2 --

pleading guilty to illegal re-entry after deportation. 8 U.S.C. § 1326(a). Gutierrez
argues, and the government concedes, that the district court erred in enhancing his
sentence eight levels, U.S.S.G. § 2L1.2(b)(1)(C), based on a finding that his prior
conviction for second-degree stalking, Ky. Rev. Stat. Ann. § 508.150, constituted
a “crime of violence,” 18 U.S.C. § 924(e)(2)(B)(i). Gutierrez also argues that his
sentence is unreasonable. Because the district court clearly erred in imposing the
eight-level enhancement, we need not address Gutierrez’s other arguments. We
vacate Gutierrez’s sentence and remand for further proceedings.
VACATED AND REMANDED.
2

-- 2 of 2 --