United States v. Gunera

REAVLEY, Circuit Judge:

Arthur (“Arturo”) Gunera appeals his bench trial conviction for illegal presence in the United States on grounds that (1) the indictment was barred by the statute of limitations, (2) the felony and aggravated felony provisions of 8 U.S.C. § 1326(b)(1) are unconstitutional, and (3) his prior state conviction for simple possession of a controlled substance should not have been treated as an aggravated felony for sentencing purposes. We reverse Gunera’s conviction and dismiss the indictment against him.

I. Background

Gunera, a citizen of Honduras, initially entered the…