United States v. Jose Gonzalez-Medina, United States of America v. Oscar A. Jaquez-Velasquez, United States of America v. Ricardo Reyes-Carrillo

LEAVY, Circuit Judge:

We are called upon to determine whether subsections (a), (b)(1) and (b)(2) of 8 U.S.C. § 1326 constitute separate crimes or merely sentence enhancement provisions for the underlying crime of illegal reentry following deportation. We hold that the three subsections identify different crimes, the elements of which must be proven at trial and not simply at sentencing.

FACTS AND PRIOR PROCEEDINGS

Jose Gonzalez-Medina (“Gonzalez”), Oscar Jaquez-Velasquez (“Jaquez”), and Ricardo Reyes-Carrillo (“Reyes”) were separately charged under 8 U.S.C. § 1326 with illegally reentering the…