The Tenth Circuit on Thursday issued one published opinion and eight unpublished opinions.
In United States v. Huyoa-Jimenez, the Court remanded the case back to the district court to vacate and Petitioner’s sentence and re-sentence in accordance with the Court’s decision. Petitioner illegally reentered the United States after being deported for felony drug trafficking, and received an entirely suspended sentence. Petitioner claimed that the district court erred by applying a twelve-level enhancement for his prior drug offenses, and at most could impose an eight-level enhancement for his aggravated felonies. The Court determined that an entirely suspended sentence is akin to no sentence being “imposed” and, therefore, the eight-level enhancement would be appropriate.