United States v. Jimenez-Banegas, No. 13-1980 (1st Cir. 2015)
Annotate this CaseDefendant pleaded guilty to illegal reentry into the United States. The district court sentenced Defendant to fifty-seven months of imprisonment. Specifically, the district court (1) determined that the applicable statutory maximum imprisonment sentence was twenty years under 8 U.S.C. 1326(b) because Defendant had illegally reentered the U.S. subsequent to deportation after a conviction for an aggravated felony, and (2) enhanced Defendant’s Guidelines sentencing range upon determining that Defendant had been previously deported or unlawfully remained in the U.S. after a conviction for a felony that is a crime of violence. Defendant appealed, arguing that because the indictment failed to claim that he was convicted of an aggravated felony prior to being deported, section 1326(b)(2) was inapplicable, and his sentence greater than the two-year maximum allowed under section 1326(a) violated his constitutional rights. The First Circuit affirmed, holding that Defendant’s argument was foreclosed by binding Supreme Court precedent.
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