Sentence enhancement for illegal reentry to US after conviction for drug trafficking offense applies even when drug conviction still pending on appeal

SENTENCING United States v. Saenz-Gomez, No. 06-2148, ___ F.3d ___ (10th Cir. Jan. 2, 2007)(New Mexico). Appeal of sentence for illegal reentry to United States by removed alien in violation of 8 U.S.C. § 1326(a)(1 ), (2 ), and (b)(2 ). HELD: Because defendant was removed from United States after judgment of conviction was entered in state trial court for felony drug trafficking offense, district court properly applied twelve-level sentencing enhancement as provided in U.S.S.G. § 2L1.2(b)(1)(B) for unlawful reentry to United States after conviction for felony drug trafficking offense. Despite fact that defendant was deported nine days after formal judgment of guilt was entered by state court, but before judgment of conviction was affirmed on appeal, he nevertheless stood “convicted” as term is defined in plain language of relevant federal statute. Therefore, defendant was properly subjected to twelve-level sentencing enhancement for being removed “after a conviction for a felony drug trafficking offense” as required by U.S.S.G. § 2L1.2(b)(1)(B). Read the opinion here.