United States v. Carlos Moreno-Cisneros

Opinion by Judge REAVLEY; Dissent by Judge WILLIAM A. FLETCHER.

REAVLEY, Circuit Judge.

The issue presented in this appeal is whether, under U.S.S.G. § 2L1.2(b)(l), as amended Nov. 1, 2001, the length of the “sentence imposed” for a prior state conviction includes the prison sentence the defendant received after his probation was revoked. We agree with the district court that it does and accordingly affirm.

In 2001 appellant Carlos Moreno-Cisne-ros was convicted after a guilty plea of illegal reentry under 8 U.S.C. § 1326. He was subject to an enhanced sentence under 8 U.S.C. § 1326(b)(2), which…