United States v. Canelas-Amador

Six years ago, illegal immigrant Canelas-Amador was charged in Tennessee state court with felony aggravated assault. Canelas-Amador signed a “Waiver of Trial by Jury and Acceptance of Plea of Guilty.” The court approved the agreement. Before the court could enter judgment or pronounce a sentence, immigration authorities took Canelas-Amador into custody, deporting him. When Canelas-Amador failed to appear for a presentence interview, the Tennessee court issued a bench warrant. Canelas-Amador reentered the U.S. illegally, pled guilty to illegal reentry in Texas, and was sentenced to one year of imprisonment. In 2015, he was arrested in Tennessee. He pled guilty to illegal reentry. The district court imposed a sentence of 57 months’ imprisonment, finding that the state court order constituted a “conviction for a felony that is . . . a crime of violence,” mandating a 16-point enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii). The Guideline does not define “conviction.” The court looked to 8 U.S.C. 1101(a)(48)(A), which refers to a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and the judge has ordered some punishment, penalty, or restraint. The Sixth Circuit reversed. A plea agreement approved in a form order falls short of “a formal judgment of guilt.” View "United States v. Canelas-Amador" on Justia Law