United States v. Catalino Pineda

MEMORANDUM

Catalino Pineda appeals his sentence for his criminal conviction for illegal reentry after removal under 8 U.S.C. § 1326 (a), with an enhancement under 8 U.S.C. § 1326 (b) for having previously been convicted of an aggravated felony. Pineda had previously been convicted of arson in violation of California Penal Code § 451(c).

Pineda’s conviction for illegal reentry, in violation of 8 U.S.C. § 1326 (a), carries a statutory maximum sentence of 2 years, but that maximum goes up to 10 years if he was previously convicted of a felony, and up to 20 years if he was previously convicted of an aggravated felony. 8 U.S.C. § 1326 (b).

Pineda concedes that his conviction qualifies as a felony under 8 U.S.C. § 1326 (b)(1), whether or not it is an aggravated felony under 8 U.S.C. § 1326 (b)(2). Thus, the district court could have sentenced Pineda up to 10 years. We therefore affirm the sentence of forty-eight months imposed by the district court, and remand for the district court to correct the judgment to cite 8 U.S.C. § 1326 (b)(1) instead of 8 U.S.C. § 1326 (b)(2).

AFFIRMED and REMANDED.

This disposition is not appropriate for publication and is not precedent except as…