United States v. Santos Ortiz-Maldonado

STEPHEN A. HIGGINSON, Circuit Judge: *

Santos Ortiz-Maldonado (Ortiz-Maldonado) pleaded guilty to illegal reentry by a previously deported alien after an aggravated felony conviction. Ortiz-Maldonado argues that the district court plainly erred in convicting, sentencing, and entering judgment against him under 8 U.S.C. § 1326(b)(2), because he was not deported following a conviction for an “aggravated felony” as defined in 8 U.S.C. § 1101(a)(43). He contends that the sentence should be vacated and remanded for resentencing or, in the alternative, for reformation of the judgment to reflect that…