United States v. Carlos Chavaria-Angel, AKA Guadalupe Garcia, AKA Guadalupe Chevarria-Garcia

Defendant Carlos Chavaria-Angel was convicted of unlawful reentry by a deported alien, in violation of 8 U.S.C. § 1326 (a). After pleading guilty, he was sentenced as an aggravated felon under U.S.S.G. § 2L1.2(b)(l)(A), based on his prior state convictions for delivery of a controlled substance. He appeals his sentence, arguing that the district court erred by relying on uncertified court records to establish the nature of the prior offenses. We affirm.

FACTUAL AND PROCEDURAL HISTORY

In 2000, the government filed an indictment in federal court, charging Defendant with unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326 (a). He pleaded guilty. Pursuant to U.S.S.G. § 2L1.2(b)(l)(A), the district court sentenced Defendant as an aggravated felon because of his prior convictions under Oregon Revised Statute § 475.992 for “delivery of a controlled substance.” This enhancement increased the offense level of Defendant’s crime by 16 levels, resulting in a sentence of 70 months of confinement and 3 years of supervised release.

In an earlier appeal, Defendant asserted that the government had not properly proved that his prior convictions were aggravated felonies. We…