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pleaguilty plea

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Benitez-De Los Santos; U.S. v.

Facts

Jesus Benitez-De Los Santos pleaded guilty to illegal reentry into the United States after deportation, violating 8 U.S.C. 1326. The district court applied a twelve-level enhancement to his sentencing guideline range based on a prior conviction for unlawfully possessing heroin for sale under California Health & Safety Code 11351. The court calculated his guideline range as 30 to 37 months' imprisonment and sentenced him to 30 months.

The presentence investigation report prepared after the guilty plea recommended that a prior conviction under California Health & Safety Code 11351 warranted a twelve-level increase to Benitez-De Los Santos's base offense level under USSG 2L1.2(b)(1)(B).

Issue

Did the district court err in applying a twelve-level enhancement to Benitez-De Los Santos's sentencing guideline range based on his prior conviction for a drug trafficking offense?

Did the district court err in applying a twelve-level enhancement to Benitez-De Los Santos's sentencing guideline range based on his prior conviction for a drug trafficking offense?

Rule

Under U.S. Sentencing Guidelines Manual 2L1.2(b)(1)(B), a defendant who has been previously deported after sustaining a conviction for a felony drug trafficking offense qualifies for a sentencing enhancement.

Under 2L1.2, a '[d]rug trafficking offense' means an offense under federal, state, or local law that prohibits the . . . possession of a controlled substance (or a counterfeit substance) with intent to . . . distribute.

Analysis

The court found that the prior conviction under California Health & Safety Code 11351 qualified as a drug trafficking offense. The record of conviction, including a Report-Indeterminate Sentence document, was deemed reliable and sufficient to support the enhancement, as it indicated that Benitez-De Los Santos was convicted of unlawfully possessing heroin for sale.

The record of conviction established that this particular conviction does qualify as a 'drug trafficking offense' under 2L1.2.

Conclusion

The court affirmed the district court's judgment, concluding that the enhancement was appropriate and the sentence was not unreasonable.

The district court's judgment was affirmed.

Who won?

The United States prevailed in the case because the court upheld the district court's application of the sentencing enhancement based on the defendant's prior conviction.

The government presented two documents at sentencing. The first is a state-court complaint charging two counts. Count Two states that Benitez-De Los Santos unlawfully possessed heroin for sale in violation of 11351.

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