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Keywords

defendantstatutefelonydeportationappellant
defendantstatutefelonydeportationappellant

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United States v. Fuentes-Barahona

Facts

In 1984, Fuentes was convicted in California state court for violating California Penal Code 288. Fuentes was sentenced to eight years imprisonment. After serving his prison term, Fuentes was deported because he was in the United States illegally. Fuentes illegally reentered the United States. He was then arrested and charged under 8 U.S.C. 1326(b)(1) with illegal reentry after deportation 'subsequent to a conviction for . . . a felony.'

In 1984, Fuentes was convicted in California state court for violating California Penal Code 288. Fuentes was sentenced to eight years imprisonment. After serving his prison term, Fuentes was deported because he was in the United States illegally. Fuentes illegally reentered the United States. He was then arrested and charged under 8 U.S.C. 1326(b)(1) with illegal reentry after deportation 'subsequent to a conviction for . . . a felony.'

Issue

Whether the district court erred in enhancing Fuentes's sentence under U.S.S.G. 2L1.2(b)(2) based on a conviction for a crime of violence that occurred prior to November 29, 1990.

Whether the district court erred in enhancing Fuentes's sentence under U.S.S.G. 2L1.2(b)(2) based on a conviction for a crime of violence that occurred prior to November 29, 1990.

Rule

Under 8 U.S.C. 1101(a)(43)(F), only a 'crime of violence' committed on or after November 29, 1990, is considered an 'aggravated felony' for sentencing enhancement purposes.

Under 8 U.S.C. 1101(a)(43)(F), only a 'crime of violence' committed on or after November 29, 1990, is considered an 'aggravated felony' for sentencing enhancement purposes.

Analysis

The court determined that the effective date provision of 8 U.S.C. 1101(a)(43)(F) was applicable to U.S.S.G. 2L1.2, creating an ambiguity regarding whether the November 29, 1990, effective date should apply. The court applied the rule of lenity, which requires that ambiguities in criminal statutes be resolved in favor of defendants, concluding that Fuentes's 1984 conviction did not qualify as an aggravated felony for sentencing enhancement purposes.

The court determined that the effective date provision of 8 U.S.C. 1101(a)(43)(F) was applicable to U.S.S.G. 2L1.2, creating an ambiguity regarding whether the November 29, 1990, effective date should apply. The court applied the rule of lenity, which requires that ambiguities in criminal statutes be resolved in favor of defendants, concluding that Fuentes's 1984 conviction did not qualify as an aggravated felony for sentencing enhancement purposes.

Conclusion

The enhancement of appellant criminal's sentence for illegal reentry after deportation was vacated and the case remanded for resentencing because the crime of violence on which the enhancement was based had occurred prior to the effective date for the enhancement provision.

The enhancement of appellant criminal's sentence for illegal reentry after deportation was vacated and the case remanded for resentencing because the crime of violence on which the enhancement was based had occurred prior to the effective date for the enhancement provision.

Who won?

Fuentes prevailed in the case because the court found that the enhancement of his sentence was based on a conviction that did not qualify as an aggravated felony under the applicable law.

Fuentes prevailed in the case because the court found that the enhancement of his sentence was based on a conviction that did not qualify as an aggravated felony under the applicable law.

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