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Keywords

plaintiffdefendantappealfelonydeportationsentencing guidelines
plaintiffdefendantappealfelonydeportationsentencing guidelines

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Tejeda-Perez; U.S. v.

Facts

Defendant pled guilty to illegally reentering the United States after deportation, 8 U.S.C.S. 1326(a). The district court refused to impose a sentence enhancement under U.S. Sentencing Guidelines Manual 2L1.2(b)(1)(A)(1998), concluding that an earlier conviction for second-degree felony theft was not an aggravated felony because the sentence was suspended, and plaintiff United States appealed. The court held that a conviction was an aggravated felony within the meaning of U.S. Sentencing Guidelines Manual 2L1.2(b)(1)(A) if a defendant received a sentence of at least one year, even if the sentence was suspended.

Defendant pled guilty to illegally reentering the United States after deportation, 8 U.S.C.S. 1326(a). The district court refused to impose a sentence enhancement under U.S. Sentencing Guidelines Manual 2L1.2(b)(1)(A)(1998), concluding that an earlier conviction for second-degree felony theft was not an aggravated felony because the sentence was suspended, and plaintiff United States appealed.

Issue

The issue in this case is whether Tejeda-Perez's second-degree felony theft conviction is an aggravated felony conviction for the purposes of 2L1.2(b)(1)(A).

The issue in this case is whether Tejeda-Perez's second-degree felony theft conviction is an aggravated felony conviction for the purposes of 2L1.2(b)(1)(A).

Rule

To define the term 'aggravated felony' for the purpose of 2L1.2, the section's commentary directs us to 8 U.S.C. 1101(a)(43), which states an aggravated felony includes 'a theft offense `for which the term of imprisonment [is] at least one year.'

To define the term 'aggravated felony' for the purpose of 2L1.2, the section's commentary directs us to 8 U.S.C. 1101(a)(43), which states an aggravated felony includes 'a theft offense `for which the term of imprisonment [is] at least one year.'

Analysis

The court applied the rule by determining that the definition of aggravated felony included any theft offense for which the term of imprisonment was at least one year, regardless of whether the sentence was suspended. The court noted that the legislative history indicated that Congress intended for suspended sentences to count towards the definition of 'term of imprisonment.' Therefore, since Tejeda-Perez received a sentence of one to fifteen years for his theft conviction, it qualified as an aggravated felony.

The court applied the rule by determining that the definition of aggravated felony included any theft offense for which the term of imprisonment was at least one year, regardless of whether the sentence was suspended. The court noted that the legislative history indicated that Congress intended for suspended sentences to count towards the definition of 'term of imprisonment.'

Conclusion

The court reversed and remanded, as defendant's conviction was an aggravated felony within the meaning of the applicable sentencing guideline because defendant received a sentence of at least one year for an earlier conviction of second-degree felony theft, even though the sentence was suspended.

The court reversed and remanded, as defendant's conviction was an aggravated felony within the meaning of the applicable sentencing guideline because defendant received a sentence of at least one year for an earlier conviction of second-degree felony theft, even though the sentence was suspended.

Who won?

The United States prevailed in the case because the court found that the district court erred in not applying the sentence enhancement for the aggravated felony conviction.

The United States prevailed in the case because the court found that the district court erred in not applying the sentence enhancement for the aggravated felony conviction.

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