Defendant-Appellant Carlos Pacheco appeals from his judgment of conviction after a plea of guilty to one count of aggravated reentry following deportation, in violation of 8 U.S.C. § 1326(a)(1), the court having sentenced him to a 46-month prison term, three years of supervised release and having ordered him to pay a $100 special assessment. At issue is whether the district court erred in applying the 16-level enhancement, pursuant to U.S.S.G. § 2L1.2(b)(1)(A), for illegal reentry after commission of an "aggravated felony," when that term is defined by statute as certain enumerated crimes "for which the term of imprisonment [is] at least one year," see e.g., 8 U.S.C. § 1101(a)(43)(F) & (G), and when Pacheco had been convicted, prior to deportation, of three misdemeanors in Rhode Island state court that each resulted in a suspended term of imprisonment of one year. Despite a scrivener's error in the statutory definition of the term "aggravated felony," we find Congress' intent to classify certain misdemeanors as felonies clear. We therefore carry out the intent of Congress and affirm the judgment of the district court.
Miner '56, Roger J., "US v. Pacheco, 225 F. 3d 148 - Court of Appeals, 2nd Circuit 2000" (2000). Circuit Court Opinions. 167.
225 F.3d 148 (2000)
UNITED STATES of America, Appellee, v. Carlos PACHECO, Defendant-Appellant.No. 00-1015.
United States Court of Appeals, Second Circuit.Argued: June 22, 2000.Decided: August 29, 2000.
Martin J. Kehoe, Albany, NY, for Defendant-Appellant.
Tina Sciocchetti, Assistant United States Attorney, Albany, N.Y. (Daniel J. French, United States Attorney Northern District of New York), for Appellee.
New York Law School location: File #2865, Box #142