United States v. Humberto Martinez-Vidana

EDITH H. JONES, Circuit Judge:

Humberto Martinez-Vidana appeals his 50-month sentence for illegally reentering the United States after deportation. He challenges the application of a 16-level enhancement for a prior “drug trafficking offense” under U.S.S.G. § 2L1.2(b)(1)(A)(i), which the court based on his prior conviction under 18 U.S.C. § 2 and 21 U.S.C. § 843(b) for aiding and abetting the use of a communication facility to facilitate a felony drug offense. Martinez^ Vidana argues that § 843(b) proscribes conduct that falls outside the generic definition of a drug trafficking offense and…