United States v. Gaytan

ALICE M. BATCHELDER, Circuit Judge.

Juan Jose Gaytan appeals from the judgment of the District Court for the Eastern District of Michigan, sentencing him to 46 months in prison for a violation of 8 U.S.C. §§ 1326(a) & (b)(2). We affirm.

I

Mr. Gaytan is a Mexican citizen who came to the United States illegally in 1992. In 1999, at age 22, he was arrested for touching the breast of a 12-year old girl, though he claimed to be rebuffing her sexual advances. A jury in a Michigan court convicted him of Criminal Sexual Conduct-2nd Degree, in violation of M.C.L.A. § 750.520c(1)(a). 1 The court sentenced…