United States v. Alejandro Rios-Cortes

JERRY E. SMITH, Circuit Judge:

Alejandro Rios-Cortes appeals his sentence for illegal reentry following deportation. The presentence report recommended that the court increase his base offense level, pursuant to U.S.S.G. § 2L1.2(b)(l)(C), for a prior conviction for theft, an aggravated felony. That conviction resulted in a two-year sentence that was probated for five years. Rios-Cortes violated the terms of his probation, and so it was revoked, but the sentencing court reduced his sentence to 180 days instead of imposing the original two-year term. After serving that sentence, Rios was…