United States v. Juan Espinoza-Cano

MILLER, District Judge:

Defendant Juan Espinoza-Cano appeals his conviction and sentence in the district court for illegal re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326(b). This appeal requires us to address two provisions of the advisory U.S. Sentencing Guidelines (“Guidelines”). Under section 2L1.2(b)(l)(C) of the Guidelines, the district court, when calculating the Guideline range for a § 1326 conviction, must enhance the defendant’s offense level if the defendant was convicted of an aggravated felony prior to the deportation. We examine whether the…