United States v. Tomas Puga-Yanez

Tomas Puga-Yanez (“Puga-Yanez”) appeals his sentence. Puga-Yanez contends that the district court committed reversible error by applying a sixteen-level sentencing enhancement based on his prior conviction of child molestation. For the reasons that follow, we AFFIRM Puga-Yanez’s sentence.

I

Puga-Yanez, without a plea agreement, pled guilty to being an alien who knowingly and unlawfully entered and was found in the United States following deportation, in violation of 8 U.S.C.' § 1826(a) and (b).

His presentence report (“PSR”) recommended, in part, a sixteen-level sentencing enhancement under §…