United States v. Landeros-Arreola

EMILIO M. GARZA, Circuit Judge:

David Landeros-Arreola (“Landeros”) pleaded guilty to re-entering the United States illegally, in violation of 8 U.S.C. § 1826. At sentencing, the district court determined that Landeros’s prior Colorado felony conviction for menacing constituted an aggravated felony, which subjected him to U.S.S.G. § 2L1.2’s1 penalty enhancement. On appeal, Landeros challenges this determination. Additionally, Landeros asserts that his sentence violated his due process rights because it exceeded the statutory maximum sentence, or, alternatively, that § 1326(b)(2) is an…