United States v. Retta-Hernandez

PER CURIAM: *

Appellant Alejandro Retta-Hernandez (“Retta”) was convicted on a plea of guilty for illegal reentry into the United States in violation of 18 U.S.C. § 1326. At sentencing, the district court imposed an eight level enhancement, pursuant to U.S.S.G. § 2L1.2(b)(l)(C) (2002), on the basis that Retta’s previous theft conviction constituted an aggravated felony, and ultimately sentenced Retta to, inter alia, twenty-four months incarceration. On appeal, Retta contends that the district court erred in determining that his prior theft conviction qualified as an aggravated felony, and thus…