US v. Huyoa-Jimenez, No. 09-1570 - U.S. Tenth Circuit
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US v. Huyoa-Jimenez, No. 09-1570

Illegal Reentry Sentence Vacated

In US v. Huyoa-Jimenez, No. 09-1570, the court vacated defendant's sentence for illegally reentering the U.S. where, when a defendant has received an entirely suspended sentence for a prior felony drug trafficking offense, no sentence is "imposed," and the district court should apply the eight-level enhancement.

As the court wrote:  "In this case, Defendant Carlos Huyoa-Jimenez illegally reentered the United States after he was deported for committing a felony drug trafficking offense for which he received an entirely suspended sentence.1 This appeal requires us to decide whether, when sentencing such a defendant, a district court should apply a twelve-level enhancement for prior felony drug trafficking convictions "for which the sentence imposed was 13 months or less" under U.S.S.G. § 2L1.2(b)(1)(B) or an eight-level enhancement for aggravated felonies under § 2L1.2(b)(1)(C). Taking jurisdiction under 28 U.S.C. § 1291, we conclude that when a defendant has received an entirely suspended sentence for a prior felony drug trafficking offense, no sentence is "imposed," and the district court should apply the eight-level enhancement."

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