United States v. Hernandez-Torres

MEMORANDUM ***

Pursuant to his guilty plea, appellant Jose Felix Hernandez-Torres was convicted of unlawful reentry into the United States under 8 U.S.C. § 1326. Because Hernandez-Torres conceded in his plea agreement that he had a prior aggravated felony conviction, the district court sentenced him to 70 months imprisonment. On appeal, Hernandez-Torres argues that his sentence exceeded the maximum sentence permitted under § 1326. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

1. Hernandez-Torres correctly points out that a defendant…