United States v. Regnaldo Vargas-Mendoza

MEMORANDUM *

Regnaldo Vargas-Mendoza appeals his sentence for illegal reentry after removal in violation of 8 U.S.C. § 1326. Vargas-Mendoza argues that his prior state conviction for possession of cocaine with intent to deliver under Wash. Rev.Code § 69.50.401 is not categorically a “drug trafficking offense” warranting a 16 level increase in his offense level under U.S.S.G. § 2L1.2(b)(l)(A)(i). He also contends that the district court proeedurally erred by failing to explain its decision to apply the 16 level increase, and that the government was required to charge and prove to a jury the…