United States v. Cuevas

LYNCH, Circuit Judge.

Before he was convicted for being illegally present in the United States in violation of 8 U.S.C. § 1326, Rafael Antonio Cuevas, a citizen of the Dominican Republic, had three separate encounters with the Rhode Island criminal justice system. The primary question in this sentencing appeal is whether the disposition of at least one of Cuevas’ state offenses was a “conviction” for an “aggravated felony” under the prior offense enhancement of U.S.S.G. § 2L1.2(b)(2) (Nov.1994). Cuevas says that the enhancement does not apply to him, arguing that one of the offenses was not a…