UNITED STATES of America, Plaintiff-Appellee, v. Elvidio ANDRINO-CARILLO, Defendant-Appellant

We decide whether the definition of aggravated felony contained in 8 U.S.C. § 1101 (a)(43) is ambiguous; more specifically, we decide whether a five-year minimum term of imprisonment provision in that statute applies only to the immediately preceding listed offense or to all listed offenses.

Elvidio Andrino-Carillo appeals his conviction of one count of being an alien present in the United States after deportation following conviction of an aggravated felony. 8 U.S.C. § 1326 (b)(2). He argues on appeal: (1) that his prior conviction for a drug-related offense does not qualify as an aggravated felony under 8 U.S.C. § 1101 (a)(43); and (2) that the government failed to present sufficient evidence to prove that he was the same person who was convicted of the prior drug-related offense. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because we conclude that section 1101(a)(43) is not ambiguous, and that Andrino-Carillo’s conviction was supported by sufficient evidence, we affirm.

I

Elvidio Andrino-Carillo, a citizen of Guatemala, was deported after serving one year in jail for his 1989 conviction in California state court of possessing marijuana for sale. Andrino-Carillo did…