United States v. Sahagun-Gallegos

The application notes to United States Sentencing Guidelines § 3E1.1 retroactively apply to pending criminal cases.

In 2008, Sahagun-Gallegos pled guilty to aggravated assault with a deadly weapon, and was subsequently deported. In 2012, Sahagun-Gallegos returned to the U.S. and was indicted and sentenced for illegal reentry. Sahagun-Gallegos appealed, arguing the district court erred in accepting the total offense level calculated, due an improper application of the United States Sentencing Guidelines (“U.S.S.G.”). The district court classified the Sahagun-Gallegos’ 2008 aggravated assault as a “crime of violence.” Sahagun-Gallegos appealed the classification, arguing that the government improperly withheld a motion for a sentence reduction because he took responsibility for his offense. On appeal, the Ninth Circuit held that U.S.S.G. § 3E1.1(a) applies to Sahagun-Gallego’s pending case, which will be retroactively applied, so the panel remanded sentencing procedures to the district court. Additionally, the panel concluded that district court erred in enhancing Sahagun-Gallego’s total sentence based on a divisible statute where Sahagun-Gallego had not pled guilty to the elements of the offense. VACATED and REMANDED.