United States v. Fernandez-Cusco

RHESA HAWKINS BARKSDALE, Circuit Judge:

Having pleaded guilty to illegal re-entry, in violation of 8 U.S.C. § 1326(a) & (b), Juan Fernandez-Cusco contests: (1) the constitutionality of 8 U.S.C. § 1326(b)(1) & (2) (prohibiting aliens convicted of certain criminal behavior from reentering the United States); (2) his previous state-felony conviction for third-degree criminal sexual conduct being classified as the requisite “crime of violence” for imposing a 16-level sentencing enhancement under Sentencing Guideline § 2L1.2(b)(l)(A)(ii); and (3) being required to cooperate in the collection of his…