United States v. Miguel Angel Arellano-Torres

Miguel Arellano-Torres challenges his sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326 . His appeal presents the question of whether his 1999 Nevada conviction for simple drug possession is an aggravated felony as defined by 8 U.S.C. § 1101 (a)(43). We hold that it is and affirm the sentence. We also reject Arellano’s contention that the district court erred in imposing a consecutive sentence.

FACTUAL & PROCEDURAL BACKGROUND

Three crimes are relevant to understanding Arellano’s challenges to his sentence: Arellano’s 1999 Nevada conviction for possession of a controlled substance, his 2000 Nevada conviction for drug trafficking and his 2001 federal conviction for illegal reentry into the United States.

In the fall of 1999, Nevada authorities arrested Arellano for possessing a controlled substance in violation of Nevada Revised Statutes (“NRS”) 453.336. He was convicted and sentenced to 12 to 48 months custody in the Nevada State Prison. However, NRS 193.130(2)(e) required the state court immediately to suspend the term of imprisonment and impose probation; Arellano received a two-year term of probation. Following his state conviction, the INS…