Delgado-Aceves

MEMORANDUM *

Victor Delgado-Aceves, a native and citizen of Mexico, appeals from his guilty plea conviction and sentence for unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326 (a) & (b). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(1) & (2).

I

Delgado-Aceves argues that because his two removals for grand theft followed a reinstatement of a prior removal order under 8 U.S.C. § 1231 , he was not removed “subsequent to a conviction for commission of an aggravated felony” and cannot be subject to an enhanced penalty under 8 U.S.C. § 1326 (b)(2) and U.S.S.G. § 2L1.2(b)(l)(A). We disagree. 8 U.S.C. § 1326 governs “any alien who (1) has been ... deported, or removed, or has departed the United States while an order of exclusion, deportation or removal is outstanding, and thereafter (2) ... is at any time found in, the United States.” If the “removal was subsequent to a conviction for commission of an aggravated felony,” the alien may be fined and imprisoned up to twenty years. Id.

Delgado-Aceves confuses the “order” of removal with the actual physical removal under either the original or reinstated order of deportation, which triggers…