United States v. Jose Luis Ayala, AKA Jose Ayala-Giron AKA Jose Luis Ayalay AKA Oscar Jiron AKA Jose Linares AKA Luis Esquivel

Jose Luis Ayala appeals his conviction and sentence for illegal re-entry into the United States after five prior deportations and four prior convictions for aggravated felonies in violation of 8 U.S.C. § 1326 (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 .

FACTS

Ayala was charged with one count of illegal re-entry into the United States after five prior deportations (in 1987, 1989, 1991 and 1992) and four prior convictions for aggravated felonies. Prior to his 1989,1991 and 1992 deportations, Ayala received and signed a warning letter known as INS Form 1-294. Form 1-294 warned Ayala that he faced imprisonment of “not more than two years” if he returned to the United States without permission. Form 1-294 was inaccurate because as of 1988, the maximum sentence for illegal re-entry had been increased to fifteen years for aliens whose deportation was subsequent to a conviction for commission of an aggravated felony. See 8 U.S.C. § 1326 (b)(2). Ayala conditionally pled guilty and was sentenced to 77 months in prison. He now appeals his conviction and sentence.

DISCUSSION

I. Form 1-294

Ayala argues that because the contents of Form 1-294 were inaccurate, due process…