United States v. Sanchez-Rojas, No. 16-3734 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's sentence after he pleaded guilty to unlawful reentry as a removed alien after an aggravated felony conviction. The court held that the district court did not plainly err by increasing defendant's base offense level by eight under USSG 2L1.2(b)(1)(C), based on his previous burglary convictions under California law. The court upheld the aggravated felony enhancement under section 2L1.2(b)(1)(C), and held that defendant could not maintain his vagueness challenge under the reasoning in Johnson v. United States, 135 S. Ct. 2551 (2015), and Beckles v. United States, 137 S. Ct. 886 (2017). The court also held that the sentence was not substantively unreasonable where the district court weighed the 18 U.S.C. 3553(a) factors.