United States v. Gustavo Alfonso Sanchez-Sanchez, United States of America v. Gustavo Alfonso Sanchez-Sanchez

Gustavo Sanchez-Sanchez (Sanchez) pled guilty to Illegal Reentry After Deportation, in violation of 8 U.S.C. § 1326 (a), and enhanced by (b)(2). The Presentence Investigation revealed that appellant had prior shoplifting convictions out of Yuma, Arizona, Superior Court. The district court found the shoplifting conviction to be an aggravated felony pursuant to 8 U.S.C. § 1101 (a)(43)(G) and increased Sanchez’s guideline offense level. Sanchez’s initial supervised release revocation proceedings were held before a magistrate judge. Ultimately, the magistrate judge advised Sanchez of the allegations in the petition on supervised release, including the new charge of reentry after deportation. Appellant admitted the violations. The magistrate then found that Sanchez knowingly and voluntarily admitted the violations and recommended that the district court revoke his supervised release and impose sentence. At sentencing and disposition, the district court found that Sanchez had violated his supervised release.

Sanchez argues that the district court erred when it ruled that his Arizona shoplifting conviction was an aggravated felony for sentence enhancement purposes pursuant to 8…