United States v. Zubia-Torres

McCONNELL, Circuit Judge.

Ricardo Zubia-Torres was convicted, pursuant to a guilty plea, of one count of reentry of a removed alien, in violation of 8 U.S.C. § 1326(a)(1), (a)(2), and (b)(2). His advisory guidelines offense level was calculated at twenty-one, largely on the basis of a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(i) for a “drug trafficking offense” committed nine years previously. On appeal, with new counsel, Mr. Zubia-Torres argues that because the statutory language defining his prior offense was broad enough to include mere possession as well as trafficking, the…