United States v. Martin Guillen-Cruz

JAMES L. DENNIS, Circuit Judge:

Defendant-Appellant Martin Guillen-Cruz pleaded guilty to being found in the United States after a previous deportation in violation of 8 U.S.C. § 1326(a) and (b). The probation officer who prepared Guil-len-Cruz’s presentence report (PSR) added eight points to his offense level because he had a prior conviction for exporting defense articles on the United States Munitions List without a license in violation of 22 U.S.C. § 2778(b)(2) and (c). The PSR concluded that Guillen-Cruz’s conviction constituted a prior aggravated felony for purposes of the United States…