United States v. German Arias-Granados, AKA German Hernandez and Miguel Rosas-Arenos, AKA Carlos Lopez-Ramirez

These two appeals raise identical challenges to the application in appellants’ cases of section 2L1.2(b)(l) of the Federal Sentencing Guidelines, which requires a four-level increase in a defendant’s base offense level if “the defendant previously was deported after sustaining a conviction for a felony.” Because we find that the district court properly applied this section in sentencing appellants, and because such application did not violate due process standards, we affirm.

Appellant German Arias-Granados and appellant Miguel Rosas-Arenos were both arrested while present in this country illegally. Both had sustained previous felony convictions and had been deported. Both were charged with violation of 8 U.S.C. § 1326 (b)(1), reentry following deportation for a felony conviction. The maximum sentence for that crime is five years.

Appellants then entered into plea negotiations and eventually both pleaded guilty to one count of 8 U.S.C. § 1326 (a), simple reentry after deportation. The maximum sentence for that charge is two years in prison.

At sentencing, both defendants received a two-level reduction for acceptance of responsibility and each was assigned a criminal history…