United States v. Mario Gonzalez-Corn

Mario Modesto Gonzalez-Corn was convicted by a federal jury of illegally reentering the United States after having been deported, in violation of 8 U.S.C. § 1326 (a). He appeals his conviction, arguing his deportation violated due process because the immigration judge (IJ) incorrectly determined he had previously been convicted of an aggravated felony, as defined by the Immigration and Nationality Act (INA), 8 U.S.C. § 1101 (a)(43). He also contends the district court improperly instructed the jury about the evidence it could consider in determining his alienage.

We hold Gonzalez’s prior conviction under the federal Controlled Substances Act (CSA), 21 U.S.C. § 801 et seq., for possessing marijuana with the intent to distribute, resulting in a sentence exceeding one year, was for an aggravated felony under the INA. Because the INA incorporates felony violations of the CSA into its definition of “aggravated felony,” and because Gonzalez was convicted of a felony violation of the CSA, his conviction qualifies as an aggravated felony on its face. Accordingly, there is no need to compare the elements of his conviction to the elements of a generic federal offense of possession…