United States v. Nava-Perez

RHESA HAWKINS BARKSDALE, Circuit Judge:

The sole issue on appeal is whether Felipe Nava-Perez, an alien, is subject to the imposed enhanced penalty, under 8 U.S.C. § 1326(b)(2), for removal “subsequent to a conviction for commission of an aggravated felony”, based upon the following: after having been deported (equivalent to being removed), he reentered the United States illegally; was convicted for an aggravated felony; was removed pursuant to the summary removal procedure set forth in 8 U.S.C. § 1231(a)(5) (“prior order of removal is reinstated from its original date”); reentered the United…