United States v. Jose Bercian-Flores

Affirmed by published opinion. Judge ■WYNN wrote, the opinion, in which Judge DUNCAN and Judge THACKER joined.

’WYNN, Circuit Judge:

Defendant Jose Bercian-Flores pled guilty to re-entering the United States as an illegal alien. At sentencing, the district court imposed a twelve-level enhancement based on Bercian-Flores’s 1997 felonious conviction for unlawfully transporting aliens, which the district court determined was an “offense punishable by imprisonment for a term exceeding one year” under the U.S. Sentencing Guidelines. U.S.S.G. § 2L1.2 cmt. n.2.

On appeal, Bercian-Flores argues that…