United States v. Juan Antonio Esquivel-Arellano

Juan Antonio Esquivel-Arellano appeals his 36-month sentence for unlawfully reentering the United States after previously having been convicted of an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2). After review, we affirm in part and reverse in part.

I. BACKGROUND

Esquivel-Arellano, a native and citizen of Mexico, came to the United States illegally in about 1992 and resided in Atlanta, Georgia. In 1995, he received a federal misdemeanor conviction for illegal entry into the United States and was deported to Mexico. In 1999, Esquivel-Arellano was convicted in Georgia state court…