United States v. Fidel Luna-Madellaga

Opinion by Judge RYMER; Dissent by Judge THOMAS.

*1225RYMER, Circuit Judge.

Fidel Luna-Madellaga appeals from the 78-month sentence imposed following his guilty plea conviction for unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326(a). The question presented here is whether Luna-Madellaga is subject to the enhanced penalty provided by § 1326(b)(2) for “removal [that] was subsequent to a conviction for commission of an aggravated felony,” where the removal that followed such a conviction was accomplished through reinstatement of a prior removal order pursuant to 8 U.S.C. §…