United States v. Gustavo Reyes-Ceja

OPINION

KLEINFELD, Senior Circuit Judge:

We address whether the Sentencing Guidelines enhancement for being under a criminal justice sentence 1 may be applied to a deportee “found in” the United States in violation of 8 U.S.C. § 1326 2 while he was imprisoned.

I. Facts.

Gustavo Reyes-Ceja, an alien, has repeatedly entered the United States, committed crimes, been deported, and surreptitiously entered again. He was convicted of voluntary manslaughter and assault with a firearm, deported after serving time, returned surreptitiously, convicted of committing a lewd act upon a child, deported after…