§ 21.40 B. Illegal Re-Entry Sentencing
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The U.S. Sentencing Guidelines currently impose an 8-level upward departure in the base offense level for illegal re-entry if a defendant has before deportation been convicted of an aggravated felony. However, a 16-level upward departure will be imposed if the conviction is for: (i) a drug trafficking offense with a sentence imposed in excess of 13 months; (ii) a crime of violence; (iii) a firearms offense; (iv) a child pornography offense; (v) a terrorism offense; (vi) human trafficking; or (vii) alien smuggling.
The USSG defines a drug trafficking offense as:
an offense under federal, state or local law that prohibits the manufacture, import, export, distribution or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense.
Because the “drug trafficking” definition applied in the illegal re-entry sentencing context is not the same as that used in the aggravated felony controlled substances ground, some offenses will be considered drug trafficking offenses for sentencing purposes, but not aggravated felony drug trafficking, and vice versa. See § 19.22, supra.
 U.S.S.G. § 2L1.2(b)(1)(C) (2005).
 U.S.S.G. § 2L1.2(b)(1)(A) (2005) (emphasis added).
 Application Note 1(B)(iv) to USSG § 2L1.2.
 See § 19.56, supra.