United States v. Manuel Hernandez-Castellanos, AKA Manuel Francisco Hernandez-Castellanos

Manuel Hernandez-Castellanos appeals the 46-month sentence he received after pleading guilty to illegal reentry in violation of 8 U.S.C. § 1326 . He contends that the district court erred in concluding that his prior Arizona conviction for felony endangerment constitutes an aggravated felony and in refusing to depart downward. We lack jurisdiction to review the district court’s discretionary decision not to depart downward, but we agree with Hernandez^ Castellanos that felony endangerment under Arizona law is not, categorically, an aggravated felony. Accordingly, we reverse in part, dismiss in part, and remand for resentencing.

I

Hernandez-Castellanos, a citizen of Mexico, was arrested in Arizona and charged with illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a). He pled guilty. Over Hernandez-Castella-nos’s objection, the district court enhanced Hernandez-Castellanos’s sentence on the ground that he had been convicted of an aggravated felony prior to being deported. See 8 U.S.C. § 1326 (b)(2) (increasing the maximum sentence for illegal reentry if the defendant was convicted of an “aggravated felony” prior to being deported); U.S.S.G. § 2L1.2(b)(l)(A) (2000)…