In United States v. Figueroa-Beltran, --- F.3d ---, No. 16-10388 (9th Cir. 2021), the Court affirmed a sentence for being a deported alien found unlawfully in the United States in violation of 8 U.S.C. § 1326.
This is a case under the old version of 2L1.2. The Court held:
Based on the guidance provided by the Nevada Supreme Court in response to our certification of questions, we hold that Figueroa-Beltran’s conviction for possession of cocaine in violation of NRS § 453.337, a divisible statute, supported the sixteen-level enhancement applied by the district court.We reject Figueroa-Beltran’s challenges to his sentence and term of supervised release. The district court did not err in declining to reduce Figueroa-Beltran’s sentence due to proposed amendments to the Sentencing Guidelines. The district court also imposed a procedurally and substantively reasonable sentence at the low end of the guidelines range, and properly ordered three years of supervised release as an added measure of deterrence.
