United States v. Huyoa-Jimenez

BALDOCK, Circuit Judge.

In this case, Defendant Carlos Huyoa-Jimenez illegally reentered the United States after he was deported for committing a felony drug trafficking offense for which he received an entirely suspended sentence. 1 This appeal requires us to decide whether, when sentencing such a defendant, a district court should apply a twelve-level enhancement for prior felony drug trafficking convictions “for which the sentence imposed was 13 months or less” under U.S.S.G. § 2L1.2(b)(l)(B) or an eight-level enhancement for aggravated felonies under § 2L1.2(b)(l)(C). Taking jurisdiction…