United States v. Pedro Velasco-Medina

Pedro Velasco-Medina (“Velasco-Medi-na”) appeals his jury conviction and sentence for attempted reentry after deportation, in violation of 8 U.S.C. § 1326 , and his sentence for falsely representing himself as a United States citizen, in violation of 18 U.S.C. § 911 . Velasco-Medina offers two grounds for overturning his conviction for attempted reentry: (1) his indictment was defective because it failed to allege specific intent, and (2) the underlying deportation proceeding violated his due process rights under the Supreme Court’s decision in INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001). Velasco-Medina argues also that we must vacate his forty-six month sentence for attempted reentry because his second degree burglary conviction preceding his deportation was not an aggravated felony under California law and, therefore, the district court erred in imposing a sixteen-level sentencing enhancement based on this earlier conviction. Finally, Velasco- Medina argues that the district court erred in denying him a three-level downward adjustment at sentencing for acceptance of responsibility. We have jurisdiction over this timely appeal pursuant to 28…