United States v. Ventura-Candelario

OPINION

CEDARBAUM, District Judge.

Defendant moves pursuant to Fed. R.Crim.P.. 35(c) for correction of his sentence. Defendant contends that an amendment to the statute under which he was convicted reduces the maximum permissible sentence to two years’ imprisonment. For the reasons that follow, defendant’s motion is denied.

Defendant was convicted of violating 8 U.S.C. § 1326(a) and (b)(2). This statute prescribes criminal penalties for illegal reentry into the United States by certain removed aliens. 8 U.S.C. § 1326.

Section 1326(a) provides for a two year term of imprisonment for aliens who…