United States v. Miguel Orduno-Mireles

MARCUS, Circuit Judge:

Miguel Orduno-Mireles appeals his 46-month sentence, imposed after he pled guilty to illegally reentering the United States after being deported subsequent to an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, he presents the following arguments: (1) the district court erred when it found that he previously was deported after a conviction for a felony that is a “crime of violence,” thus qualifying him for a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A), and (2) the § 2L1.2(b)(l)(A) enhancement was unconstitutional…