United States v. Figueroa-Alvarez, No. 14-2557 (8th Cir. 2015)
Annotate this CaseFigueroa-Alvarez, a citizen of Mexico, pleaded guilty to illegally reentering the U.S. following removal, 8 U.S.C. 1326(a), a violation punishable by “not more than 2 years” imprisonment. Section 1326(b) authorizes imprisonment “not more than 10 years” if the prior removal “was subsequent to a conviction for commission of . . . a felony,” and “not more than 20 years” if removal was subsequent “to a conviction for commission of an aggravated felony.” Figueroa-Alvarez admitted a pre-removal Iowa conviction for committing third-degree attempted burglary, an “aggravated misdemeanor” punishable by up to two years in prison. He did not admit he committed a “felony.” The court determined that his advisory guidelines sentencing range was 46-57 months in prison, applying an increase in U.S.S.G. 2L1.2(b)(1) for removal following a “felony” conviction because the Guidelines define “felony” as “any federal, state, or local offense punishable by imprisonment for a term exceeding one year.” The court granted a downward departure and variance, and sentenced Figueroa-Alvarez to 36 months in prison. The Eighth Circuit affirmed. Though Iowa classified third-degree attempted burglary as an aggravated misdemeanor, it was punishable by up to two years in prison, and was a felony, as that term is used in 8 U.S.C. 1326(b).
Court Description: Loken, Author, with Riley, Chief Judge, and Shepherd, Circuit Judge] Criminal case - Sentencing. Though Iowa classified third-degree burglary as an aggravated misdemeanor, it was punishable by two years in prison and thus defendant's Iowa conviction for the offense was a felony as that term is used in 8 U.S.C. Sec. 1326(b)(1).
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