United States v. Juan Villa-Lara

Defendant Juan Villa-Lara (“Villa-Lara”) appeals his sixty-four month sentence for unlawful re-entry after deportation in violation of 8 U.S.C. § 1326 (a). Villa-Lara’s sentence was based on Sentencing Guidelines calculations, including a sixteen-level enhancement under U.S.S.G. 2L1.2(b)(l)(A)(i) for a prior Nevada “drug trafficking offense” felony conviction where the imposed sentence exceeded 13 months.

Villa-Lara argues that his conviction under Nevada Revised Statute (“NRS”) 453.3385 does not qualify as a drug trafficking offense under Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). We agree, and we vacate Villa-Lara’s sentence and remand for resentencing. We do not reach Villa-Lara’s other arguments.

Background

On March 1, 1994, Villa-Lara was convicted in Nevada state court for the felony of possessing a “trafficking quantity” of a controlled substance in violation of NRS 453.3385. He was sentenced to three years imprisonment. Villa-Lara was deported on October 20, 1995. He was found in Reno, Nevada without permission on August 9, 2004. Villa-Lara was indicted on August 24, 2004, for unlawful reentry of a deported alien in violation of 8…