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Supreme Court's Decision in Lopez Applies at Sentencing

By Jonathan Byrne

US v. Matamoros-Modesta: Matamoros-Modesta pleaded guilty to illegal reentry. At sentencing, it was determined that he had previously been deported following an "aggravated felony" conviction, in Texas, for possession of cocaine. As a result, his offense level doubled and he was sentenced to 37 months in prison. Between plea and sentencing, the Supreme Court decided Lopez v. Gonzales, 127 S.Ct. 625 (2006), in which the Court held that, in the immigration context, a prior conviction for a drug offense that was a felony offense under state law but not the Controlled Substances Act was not an "aggravated felony." But nobody noticed, so the aggravated sentence was imposed.On appeal, the Government and defense agreed that the district court plainly erred by imposing the enhanced sentence...continue to full post

Full post as published by Fourth Circuit Blog on April 11, 2008 (boomark / email).