Circuit Judge Gerard E. Lynch


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Defendant appealed from sentence and conviction for illegally reentering the U.S. after having been deported. At sentencing, the District Court applied a 16-level enhancement for a prior “crime of violence” conviction and sentenced defendant to 46 months of imprisonment. Specifically, although defendant’s presentence report correctly identified that defendant had been convicted of first degree burglary with a dangerous instrument, it incorrectly identified his concurrent robbery conviction as one of second degree robbery of a motor vehicle–which was designated as a crime of violence. Defendant’s actual first degree robbery conviction with a dangerous instrument, under the categorical approach, was not designated a crime of violence. On appeal, the court vacated defendant’s sentence and remanded for resentencing, agreeing with defendant that the district court misidentified one of his prior convictions as a crime of violence. The court further found that nothing else in the district court’s explanation or findings identified a prior conviction or any further explanation for its choice of sentence or its rejection of defendant’s arguments against applying sentence enhancement that would support the enhanced sentence imposed on defendant.