United States v. Reyes-Maya

DENNIS, Circuit Judge:

Miguel Reyes-Maya appeals his sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326(a)(b)(2). Reyes-Maya argues that the felony conviction that resulted in his increased sentence was an offense element that the Due Process Clause of the 5th Amendment required be charged in the indictment. Reyes-Maya also argues that the district court erred when it included the prior misdemeanor offense of criminal mischief in his criminal history score. Because the district court incorrectly included Reyes-Maya’s criminal mischief conviction in his criminal…