United States v. Delgado-Enriquez

JERRY E. SMITH, Circuit Judge:

Gilbert Delgado-Enriquez (“Delgado”) pleaded guilty to illegal re-entry as a deported alien in violation of 8 U.S.C. § 1326. He appeals the sixteen-level enhancement of his sentence, arguing that his previous conviction of first degree criminal trespass is not an aggravated felony within the meaning of U.S.S.G. § 2L1.2(b)(l)(A). We affirm.

I

In March 1998, Delgado applied for admission to the United States from Mexico, presenting a resident alien card that did not belong to him. He admitted to using his brother’s documents and that he was a native and citizen of…