United States v. Puga-Yanez, No. 15-41008 (5th Cir. 2016)
Annotate this CaseDefendant plead guilty to being an alien who knowingly and unlawfully entered and was found in the United States following deportation. On appeal, defendant argued that the district court committed reversible error by applying a sixteen-level sentencing enhancement based on his prior conviction of child molestation. The court rejected defendant's contention that this appeal is not controlled by the court's precedent in United States v. Olalde-Hernandez. The court held that Clemens v. State does not prohibit conduct that is otherwise permitted under the court's interpretation of USSG 2L1.2, nor does it alter the court's reading of Ga. Code Ann. 16-6-4(a) or require the court to reconsider its holding in Olalde-Hernandez. Therefore, the court found that the district court’s application of section 2L1.2(b)(1)(A)(ii) does not constitute error and the court affirmed the judgment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.