United States v. Efrain Piedra-Morales
2016 U.S. App. LEXIS 22146
| 5th Cir. | 2016Background
- Defendant Efrain Piedra-Morales pled guilty to illegal reentry under 8 U.S.C. § 1326(a), (b) after being deported three times.
- The presentence report applied an 8-level aggravated-felony enhancement under U.S.S.G. § 2L1.2(b)(1)(C) because of a prior deportation following an aggravated-felony conviction.
- Piedra-Morales’ prior illegal-reentry convictions were entered under § 1326(b)(2) and were predicated on earlier California cocaine possession convictions.
- He argued those cocaine possession convictions are no longer aggravated felonies after Lopez v. Gonzales, so his § 1326(b)(2) reentry convictions likewise cannot qualify as aggravated felonies for enhancement purposes.
- The district court applied the enhancement, sentenced him to 18 months (bottom of 18–24 mo. range), and Piedra-Morales timely appealed.
- The Fifth Circuit affirmed, relying on precedent treating an express plea admitting reentry after an aggravated-felony conviction as foreclosing collateral attack on the predicate classification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an 8-level § 2L1.2(b)(1)(C) enhancement applies when prior § 1326(b)(2) convictions were predicated on drug-possession offenses later held not to be aggravated felonies | Piedra-Morales: Lopez renders the underlying cocaine-possession convictions non‑aggravated felonies, so the prior § 1326(b)(2) convictions cannot support the enhancement | Government: Prior guilty pleas under § 1326(b)(2) admitted deportation after an aggravated-felony conviction, and plaintiff cannot relitigate those predicate convictions | Court affirmed: prior guilty pleas admitting deportation after an aggravated felony foreclose collateral attack; enhancement proper |
Key Cases Cited
- Lopez v. Gonzales, 549 U.S. 47 (2006) (held certain state drug-possession offenses are not "aggravated felonies" for immigration purposes)
- United States v. Gamboa-Garcia, 620 F.3d 546 (5th Cir. 2010) (plea admitting deportation after an aggravated felony forecloses collateral challenge to predicate)
- United States v. Medina-Torres, 703 F.3d 770 (5th Cir. 2012) (standard of de novo review for preserved sentencing‑guidelines challenges)