United States v. Alejandro Robles-Rodriguez
Opinion
Opinion
Boochever, J.
The question presented is whether a state drug conviction, for which the maximum penalty authorized by state law is probation, can be an “aggravated felony” triggering a sentencing enhancement under § 2L1.2(b)(l)(A) of the 2000 U.S. Sentencing Guidelines Manual (“Guidelines”). We hold that it cannot.
BACKGROUND
In October 2000, appellant Alejandro Robles-Rodriguez, a citizen of Mexico, pled guilty to re-entry after deportation in violation of 8 U.S.C. § 1326 (a). Under the Guidelines, a person convicted of this offense is subject to a sentencing enhancement if he was convicted of a criminal offense prior to deportation. See Guidelines § 2L1.2. Robles-Rodriguez, before being deported, was convicted of two drug possession offenses under Arizona law. The district court found that the Arizona convictions were “aggravated felonies” warranting a 16-level sentencing enhancement under § 2L1.2(b)(l)(A) of the Guidelines, and imposed a sentence of 30 months. Robles-Rodriguez appeals this sentence, arguing that the district court erred in concluding that his two Arizona drug convictions were “aggravated felonies” triggering the sentencing enhancement.