United States v. Leobardo Olmos-Esparza

Leobardo Olmos-Esparza (“Olmos-Es-parza”), convicted of illegal reentry following deportation, appeals his sentence on remand following a full post-Booker re-sentencing. In an issue of first impression in this circuit, he contends that the district court erred by considering his convictions from 1972 and 1976 in calculating sentencing enhancements under § 2L1.2 of the 2003 Sentencing Guidelines. We join the Tenth and Eleventh Circuits in holding that this section contains no time limitation on the age of convictions for purposes of calculating sentencing enhancements.

FACTS AND PROCEDURAL HISTORY

Olmos-Esparza was found in the United States in December 2003. He eventually admitted he was a Mexican citizen who had previously been deported and that he lacked authority to be in the United States. He was convicted following a trial of illegal reentry following deportation in violation of 8 U.S.C. § 1326 and was initially sentenced to 70 months in custody. He appealed his conviction and sentence to this court, which affirmed the conviction but remanded his sentence pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

The district court determined that it…