United States of America, Plaintiff-appellee, v. Nicolas Alvarez-figueroa, Defendant-appellant, 73 F.3d 370 (9th Cir. 1995)Annotate this Case
Submitted Dec. 19, 1995. *Decided Dec. 27, 1995
Before: SNEED, TROTT and HAWKINS, Circuit Judges.
Nicolas Alvarez-Figueroa appeals the sentence imposed under the Sentencing Guidelines following his conviction for being an aggravated felon who illegally reentered the United States after deportation in violation of 8 U.S.C. § 1326(b) (2). We have jurisdiction under 28 U.S.C. 1291 and we affirm.
Alvarez-Figueroa contends the district court erred by increasing his sentence under U.S.S.G. Sec. 2L1.2(b) (2) on the ground that his prior drug offense was an aggravated felony for sentencing purposes because his state sentence was for less than five years imprisonment and he only served sixteen months. This contention is foreclosed by United States v. Andrino-Carillo, 63 F.3d 922, 925 (9th Cir. 1994), in which we held that any illicit trafficking offense, regardless of the term of imprisonment imposed, qualifies as an aggravated felony.