United States v. Mendoza

Jose Mendoza was indicted on one count of unlawfully entering the United States after having previously been deported. He pleaded guilty to that count. After finding that Mendoza had previously been deported in 2008 following a federal conviction for conspiracy to launder monetary instruments, the sentencing judge applied an eight-level enhancement pursuant to U.S.S.G. 2L1.2(b)(1)(C). Mendoza was sentenced within the advisory guidelines range to a sentence of forty-one months. He challenged this eight-level enhancement on appeal; the specific issue raised was whether the district court committed plain error when it found that Mendoza’s prior money laundering conviction was an aggravated felony. The parties did not dispute that Mendoza was convicted of conspiracy to commit money laundering. Mendoza contended, however, that the district court relied on the presentence report in order to prove that his prior conviction was an aggravated felony, in violation of "Shepard v. United States," (544 U.S. 13 (2005)). The Fifth Circuit affirmed: the evidence a court may consider under a specific circumstances inquiry is broader than the evidence that may be considered under a modified-categorical analysis inquiry. The district court did not err in examining the PSR in order to determine that Mendoza committed an aggravated felony. View "United States v. Mendoza" on Justia Law