United States v. Manuel Ballesteros-Ruiz

Defendant Manuel Ballesteros-Ruiz was convicted of unlawful reentry by a deported alien, in violation of 8 U.S.C. § 1326 (a). The district court held that Defendant’s prior Arizona conviction for possession of marijuana was not an aggravated felony within the meaning of U.S.S.G. § 2L1.2 and, therefore, refused to apply an eight-level enhancement to Defendant’s sentence. The government appeals that sentencing decision, and we affirm.

FACTUAL AND PROCEDURAL HISTORY

Defendant is a citizen of Mexico. In June of 1996, he was convicted in Arizona state court of possession of marijuana, for which he was sentenced to one year of probation. In January of 1999, Defendant was convicted of a second Arizona marijuana-possession offense, which he had committed in April of 1997. Eight months after his second conviction, Defendant was deported.

In 2001, Defendant returned illegally to the United States. He was arrested and charged with one count of unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326 (a). Defendant pleaded guilty. The presentence report listed his second drug conviction as an “aggravated felony” meriting an eight-level sentencing enhancement pursuant to…