United States v. Luis Rebolla-Sanchez

MEMORANDUM

Appellant Luis Rebolla-Sanehez appeals his sentence of sixty-five months’ imprisonment after he pleaded guilty to illegal reentry by a deported alien in violation of 8 U.S.C. § 1326 . The maximum statutory penalty for a violation of § 1326 is two years’ imprisonment, unless a sentencing enhancement applies. 8 U.S.C. § 1326 (a), (b). A sentencing enhancement applies when an alien was deported subsequent to an aggravated felony conviction; the maximum statutory penalty increases to twenty years. Id. § 1326(b)(2). We affirm the sentence imposed by the district court.

The district court committed no Ap-prendi error when it held the applicable statutory maximum penalty for Sanchez was twenty years’ imprisonment under 8 U.S.C. § 1326 (b)(2), as opposed to two years’ imprisonment under § 1326(a), because Rebolla-Sanchez admitted the dates he had been previously deported, and these dates were charged in the indictment. We have recently held “an indictment will support the § 1326(b) sentence enhancement if it alleges a removal date, thus enabling a sentencing court to compare that date to the dates of any qualifying felony convictions to determine whether the…