United States v. Bonilla-Mungia

PRADO, Circuit Judge:

Jose Bonilla-Mungia (“Bonilla”) pleaded guilty to being unlawfully present in the United States following deportation and was sentenced to 41 months’ imprisonment. He now appeals the sentence imposed by the district court, asserting that the court plainly erred by enhancing his sentence sixteen levels for a prior “crime of violence.” He also appeals his conviction by challenging the constitutionality of the “felony” and “aggravated felony” enhancement provisions of 8 U.S.C. § 1326(b). For the reasons stated below, we affirm Bonilla’s conviction, vacate his sentence, and…