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United States v. Martin Carbajal-Tafolla, 4th Cir. (2014)
United States v. Martin Carbajal-Tafolla, 4th Cir. (2014)
No. 13-4781
Marcellino Carbajal-Vargas,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:13-cr-00077-TDS-1)
Submitted:
Before KEENAN
Circuit Judge.
and
WYNN,
Decided:
Circuit
Judges,
and
DAVIS,
Senior
PER CURIAM:
Pursuant to a written plea agreement, Martin CarbajalTafolla pled guilty to possession of firearms by a convicted
felon, in violation of 18 U.S.C. 922(g)(1), 924(a)(2) (2012)
(Count
One),
unauthorized
illegal
reentry
by
an
aggravated
district
court
months in prison.
district
base
court
offense
sentenced
Carbajal-Tafolla
we
committed
level
vacate
forty-five
for
procedural
his
error
Carbajal-Tafollas
in
offense 1
922(g)
to
determining
and
that
the
his
sentence
and
remand
for
resentencing.
We review a sentence for reasonableness, applying an
abuse of discretion standard.
38, 51 (2007).
Id.
If
procedural
Id.
argues
error
by
that
the
improperly
district
assigning
court
a
base
drug
conspiracy
conviction.
The
Sentencing
Guidelines
See
USSG
2K2.1(a)(6)(A)
(providing
base
offense
time
[he]
committed
the
instant
offense).
If
the
sustaining
one
felony
conviction
of
either
crime
of
is
twenty.
USSG
2K2.1(a)(4)(A).
However,
the
history
points
under
USSG
4A1.1(a),
(b),
or
(c)
under
USSG
2K2.1(a)(4)(A).
USSG
2K2.1
cmt.
n.10.
USSG 4A1.2(e)(2).
conviction
Carbajal-Tafolla
received
conceded
two
that
criminal
his
history
1999
drug
points.
conspiracy
conviction
in
Count
Three.
However,
he
argues
that
for
purposes
2K2.1(a)(4)
for
of
establishing
his
922(g)
base
offense
conviction
level
because
his
firearm offense was not grouped with the offense that qualified
the 1999 conviction for criminal history points.
We agree.
to
his
922(g)
offense,
namely
because
his
1999
of
his
922(g)
offense
within
ten
years
of
sustaining
level
Accordingly,
procedural
of
we
error
twenty
conclude
in
pursuant
that
to
the
establishing
USSG
2K2.1(a)(4)(A).
district
the
base
court
offense
committed
level
for
Count One. 2
For
these
reasons,
we
vacate
Carbajal-Tafollas