United States v. Hernandez

Defendant plead guilty for illegal reentry under 8 U.S.C. 1326(a) and his sentence was enhanced under section 1326(b)(2) after the sentencing judge found defendant's prior California conviction for being a felon in possession of a firearm qualified as an aggravated felony. In the court's recent decision in United States v. Aguilera-Rios, the court held that, in the immigration context, California's felon in possession firearm statute is not a categorical match for the federal firearms offense. In this case, the court held that the same analysis in Aguilera-Rios applies in the sentencing context. Because the state felony in possession of a firearm statute under which defendant was convicted criminalizes more conduct than the federal felon in possession of a firearm statute, there is no categorical match. California does not prosecute cases involving antique firearms under California Penal Code 12021(a)(1). Consequently, the court concluded that the district court erred in applying an eight-level sentencing enhancement. The court reversed and remanded for resentencing. View "United States v. Hernandez" on Justia Law