APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE. Hon. John A. Woodcock, U.S. District Judge.
Sharon Fray-Witzer, on brief for appellant.
René e M. Bunker, Assistant United States Attorney, and Thomas E. Delahanty II, United States Attorney, on brief for appellee.
Before Lynch, Torruella, and Barron, Circuit Judges.
TORRUELLA, Circuit Judge.
Defendant, Mauro Edulio Jiménez-Banegas ("
Jiménez" ), pleaded guilty to illegal reentry into the United States pursuant to 8 U.S.C. § 1326. At sentencing, the district court determined that the applicable statutory maximum imprisonment sentence was twenty years under 8 U.S.C. § 1326(b)(2) because
Jiménez had illegally reentered the United States subsequent to deportation after a conviction for an aggravated felony. The district court also enhanced
Jiménez's Guidelines sentencing range (" GSR" ) pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) upon determining that
Jiménez had been previously deported or unlawfully remained in the United States after a conviction for a felony that is a crime of violence. Ultimately, the court sentenced him to fifty-seven months of imprisonment.
Jiménez challenges his sentence, arguing that the fact of his prior conviction for an aggravated felony had to be alleged in the indictment and proven beyond a reasonable doubt in order for him to be sentenced to a term greater than the two-year statutory maximum established in 8 U.S.C. § 1326(a). Finding that
Jiménez's argument is foreclosed by binding Supreme Court precedent, we affirm his sentence.
Because Jiménez pleaded guilty, our discussion of the facts is drawn from the change-of-plea colloquy, the Presentence Investigation Report (" PSR" ), and the transcript of the sentencing hearing. See United States v. Cintron-Echautegui, 604 F.3d 1, 2 (1st Cir. 2010).
This case is the result of Jiménez's -- a Honduran citizen -- repeated attempts to illegally enter and remain in this country, in violation of our immigration laws. He was first found to have illegally entered the United States in 1989, and was deported. Determined to live here,
Jiménez illegally reentered the United States.
During his illegal stays in the United States, Jiménez also had brushes with the law in areas other than immigration. As a result, he was arrested in 2003 and, in 2004, he pleaded guilty to unlawful entry into a woman's house and attempted third degree sexual abuse in the Washington
D.C., Superior Court. Case No. F-01729-03. He was sentenced to ninety days incarceration for the unlawful entry and eighteen months incarceration for attempted third degree sexual abuse. Upon his release from custody in September 2004, Jiménez was again deported to Honduras.
In January 2005, Jiménez was again found in the United States and was arrested. He pleaded guilty to illegal reentry subsequent to an aggravated felony conviction -- the attempted third degree sexual abuse -- in violation of 8 U.S.C. § 1326. The district court applied a sixteen-level enhancement to his base offense level, pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on his prior conviction for a crime of violence -- the attempted third degree sexual abuse. He was ultimately sentenced to forty-six months of imprisonment, followed by three years of supervised release, and deportation. Jiménez appealed the district court's enhancement of his GSR and its determination that his prior ...