United States v. Andrade-Aguilar

JENNIFER W. ELROD, Circuit Judge:

Javier Andrade-Aguilar (Andrade) appeals the district court’s imposition of an eight-level sentence enhancement following his guilty-plea conviction for illegal reentry into the United States in violation of 8 U.S.C. § 1326. He argues that his second of two prior state law convictions for possession of a controlled substance does not qualify as an “aggravated felony” under the Federal Sentencing Guidelines, because the Government did not show that the preceding conviction was final at the time he committed the second offense. We agree, and accordingly reverse.

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