United States v. Javier Aparco-Centeno

OPINION

COLE, Circuit Judge.

This action stems from a criminal defendant’s appeal of a district court’s determination of his sentence for violating 8 U.S.C. § 1326, re-entry of a deported alien. Defendant-Appellant Javier Apar-co-Centeno argues that his sentence of seventy-seven months is inaccurate because his prior convictions should not have qualified as aggravated felonies under 8 U.S.C. § 1326(b)(2) (1994) and § 2L1.2 of the U.S. Sentencing Guidelines Manual (1994) (“U.S.S.G.”), and that the prior conviction used to enhance his sentence was required to be proved beyond a reasonable doubt.…