United States v. Jose Gonzalez-Medina, United States of America v. Oscar A. Jaquez-Velasquez, United States of America v. Ricardo Reyes-Carrillo

We are called upon to determine whether subsections (a), (b)(1) and (b)(2) of 8 U.S.C. § 1326 constitute separate crimes or merely sentence enhancement provisions for the underlying crime of illegal reentry following deportation. We hold that the three subsections identify different crimes, the elements of which must be proven at trial and not simply at sentencing.

FACTS AND PRIOR PROCEEDINGS

Jose Gonzalez-Medina (“Gonzalez”), Oscar Jaquez-Velasquez (“Jaquez”), and Ricardo Reyes-Carrillo (“Reyes”) were separately charged under 8 U.S.C. § 1326 with illegally reentering the United States following deportation as convicted felons. During the course of their separate trials, the government put on evidence showing that each defendant was an illegal alien who had unlawfully reentered the United States after having been previously deported, but failed to offer any evidence that the defendants had prior felony convictions. Following instructions from the court which made no mention of the allegations of defendants’ criminal records, the juries in each case convicted the defendants of illegally reentering the United States following deportation.

At their respective sentencings, the…