Solis-Torres

MEMORANDUM

Defendant David Solis-Torres pled guilty to unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326 . The presentence report (“PSR”) filed by the probation office stated that Solis-Torres had been convicted of two felonies, attempted burglary and possession of a controlled substance with intent to sell. Based solely on the information contained in the PSR, the district court found that § 1326(b)(2), an enhanced penalty provision for aggravated felonies, applied. The court increased Solis-Torres’ offense level by sixteen levels as required under U.S.S.G. § 2L1.2(b)(l)(A). Solis-Torres argues that the information in the PSR was insufficient to justify applying the aggravated felony enhancement. 2 We agree.

*2 Solis-Torres only pled guilty to the elements of § 1326(a); he did not admit that he had past convictions for aggravated felonies. The PSR states that Solis-Torres has past convictions for Attempted Burglary and Possession of a Controlled Substance with Intent to Sell. Because a prior aggravated felony conviction has such a significant effect on Solis-Torres’ sentence, the district court must find the existence of that conviction by clear and…