USA v. Huerta-Rodriguez, No. 21-50875 (5th Cir. 2023)
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Defendant, a criminal noncitizen with a burglary conviction and two subsequent illegal-reentry convictions, was convicted of illegal reentry for a third time. The district court characterized his burglary conviction as an aggravated felony. The district court also characterized his two prior illegal-reentry convictions as aggravated felonies under a statutory provision stating that illegal reentry is itself an aggravated felony when committed by someone previously deported following an aggravated felony conviction. The designation “aggravated felony” is significant because it subjects the alien to a maximum prison sentence of 20 years. On appeal, Defendant argued that the district court mischaracterized his past offenses because, under an intervening Supreme Court case, his predicate burglary conviction no longer qualifies as an aggravated felony. He insists the district court erred in sentencing him under Section 1326(b)(2).
The Fifth Circuit reformed the judgment to reflect that Defendant was convicted and sentenced under Section 1326(b)(2) and affirmed the judgment as reformed. The court explained that Defendant was correctly sentenced under Section 1326(b)(2) because he was previously removed “subsequent to a conviction for commission of an aggravated felony.” Defendant’s first illegal reentry, for which he was sentenced under Section 1326(b)(2), was an aggravated felony under Section 1101(a)(43)(O).
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