United States v. Jose Medrano-Camarillo, 653 F. App'x 239

Defendant Jose Medrano-Camarillo pleaded guilty to illegal reentry after removal and received a within-Guidelines 60-month sentence.
District court entered judgment under 8 U.S.C. § 1326(b)(2) (20-year statutory maximum), treating a prior Texas conviction as an “aggravated felony.”
The Texas conviction was for aggravated assault with a deadly weapon, resolved by four years deferred adjudication probation (no active imprisonment imposed).
Medrano-Camarillo argued that his prior deferred-adjudication conviction did not impose a “term of imprisonment” and thus was not an aggravated felony under 8 U.S.C. § 1101(a)(43)(F), making § 1326(b)(1)’s 10-year maximum applicable.
He raised the issue on appeal (not in district court), so review is for plain error; the Government conceded the error but disputed prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether deferred-adjudication probation that did not impose imprisonment qualifies as an "aggravated felony" under § 1101(a)(43)(F) for § 1326(b)(2)	Medrano-Camarillo: Deferred adjudication did not impose a term of imprisonment, so prior conviction is not an aggravated felony	Government: Conceded error as to classification but argued no substantial-rights prejudice to warrant resentencing	Court: Deferred adjudication without imprisonment is not a term of imprisonment; prior conviction not an aggravated felony under § 1101(a)(43)(F) (clear error)
Whether the plain-error showing of prejudice was met to warrant resentencing	Medrano-Camarillo: Judgment under § 1326(b)(2) affected substantial rights such that resentencing is required	Government: Error did not affect substantial rights; resentencing unnecessary	Court: Error did not affect substantial rights; resentencing not warranted
Whether the judgment should be reformed to correct the statutory citation	Medrano-Camarillo: Judgment should be amended to reflect correct statute of conviction to avoid immigration consequences	Government: Did not oppose reformation despite opposing resentencing	Court: Remanded for limited reformation of the judgment to reflect the correct statute of conviction

Mondragon-Santiago v. United States, 564 F.3d 357 (5th Cir. 2009) (deferred adjudication that does not include imprisonment is not a term of imprisonment for aggravated-felony definition)
Puckett v. United States, 556 U.S. 129 (2009) (plain-error standard and framework for correcting forfeited errors)
Ramirez v. United States, 367 F.3d 274 (5th Cir. 2004) (application of Guidelines enhancement for crime-of-violence under U.S.S.G. § 2L1.2)
Johnson v. United States, 135 S. Ct. 2551 (2015) (not implicated in this appeal)