United States v. Huyoa-Jimenez

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PUBLISH

Before MURPHY, BALDOCK, and BRORBY, Circuit Judges.

In this case, Defendant Carlos Huyoa-Jimenez illegally reentered the United States after he was deported for committing a felony drug trafficking offense for which he received an entirely suspended sentence.*fn1 This appeal requires us to decide whether, when sentencing such a defendant, a district court should apply a twelve-level enhancement for prior felony drug trafficking convictions “for which the sentence imposed was 13 months or less” under U.S.S.G. § 2L1.2(b)(1)(B) or an eight-level enhancement for aggravated felonies under § 2L1.2(b)(1)(C). Taking jurisdiction under 28 U.S.C. § 1291, we conclude that when a defendant has received an entirely suspended sentence for a prior felony drug trafficking offense, no sentence is “imposed,” and the district court should apply the eight-level enhancement. We therefore remand this case to the district court with instructions to vacate Defendant’s sentence and re-sentence him in accordance with this opinion.

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United States v. Huyoa-Jimenez

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