United States v. Piedra-Morales, No. 16-40476 (5th Cir. 2016)Annotate this Case
Defendant-appellant Efrain Piedra-Morales was caught and pled guilty to illegal reentry. Previously, he had been deported three times from the United States. Piedra-Morales appealed the district court’s application of an eight-level aggravated felony enhancement under U.S.S.G. 2L1.2(b)(1)(C) for deportation after an earlier aggravated felony conviction. He contended that his prior convictions for illegal reentry under 8 U.S.C. 1326(b)(2) were not aggravated felonies because they were predicated on his prior cocaine possession convictions, which were no longer considered aggravated felonies, and as such, his prior illegal reentry convictions are also not aggravated felonies. The Fifth Circuit found no error and affirmed the sentence.