Criminal Defense of Immigrants

(E)  Effective Date Defenses.  Generally speaking, courts have rejected arguments that a prior conviction cannot be used to impose an illegal re-entry sentence enhancement since it did not constitute an aggravated felony at the time of its commission, or at the time of the conviction.[176]

[176] United States v. Maria-Gonzalez, 268 F.3d 664 (9th Cir. 2001) (illegal re-entry sentence enhancement could be imposed on basis of prior conviction, which constituted an “aggravated felony” at the time of the offense, even though it was not an aggravated felony at the time of its commission, or at the time he was deported).