United States v. Alvarado-Pineda

Defendant was convicted of second degree robbery under Washington law, RCW 9A.56.190, for stealing a wallet and sentenced to prison for at least one year. Subsequently, defendant illegally reentered the United States three times. On the final and third time, he was indicted on one count of illegal reentry and defendant moved to dismiss the indictment on the ground that his prior removal orders had been entered in violation of his Fifth Amendment due process rights. The district court denied the motion and defendant was convicted of illegal reentry. The court concluded that a conviction for Washington second degree robbery, where accompanied by a sentence of at least one year, qualifies as an aggravated felony under 8 U.S.C. 1101(a)(43)(G). Because defendant was sentenced to a 14-month prison term, he was convicted of an aggravated felony. Because he is ineligible for relief, he suffered no prejudice from any procedural defects that may have occurred and the district court correctly denied his motion to dismiss his indictment. View "United States v. Alvarado-Pineda" on Justia Law