UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-4409 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ISIDORO GONZALEZ-FERRETIZ, a/k/a Francisco Rodriguez-Vela, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:18-cr-00117-REP-1) Submitted: March 17, 2020 Decided: May 13, 2020 Before KEENAN and RUSHING, Circuit Judges, and Thomas E. JOHNSTON, Chief United States District Judge for the Southern District of West Virginia, sitting by designation. Affirmed by unpublished opinion. Judge Johnston wrote the opinion, in which Judge Keenan and Judge Rushing have joined. Geremy C. Kamens, Federal Public Defender, Alexandria, Virginia, Joseph S. Camden, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia for Appellant. G. Zachary Terwilliger, United States Attorney, Alexandria, Virginia, Heather Hart Mansfield, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 JOHNSTON, District Judge: Isidoro Gonzalez-Ferretiz (“Gonzalez”) was convicted of one count of illegal reentry by a removed alien. He now appeals his conviction and sentence on two grounds. First, Gonzalez argues that the district court erred in denying his motion to dismiss the indictment. Second, Gonzalez challenges the district court’s application of the United States Sentencing Guidelines (“U.S.S.G.”) with respect to a prior conviction. For the following reasons, we affirm. I. Gonzalez is a Mexican citizen. He illegally entered the United States sometime before July 22, 2008, when he was encountered in Pennsylvania by immigration authorities from the Department of Homeland Security (“DHS”). Gonzalez was offered a voluntary departure to Mexico, with which he complied. He again entered the United States illegally on some unknown date prior to an arrest in July 2012. On July 23, 2012, immigration authorities interviewed Gonzalez while in state custody, and he admitted that he had entered the United States unlawfully. No further action was taken to remove him at that time. On June 2, 2014, Gonzalez pled guilty to theft from a motor vehicle, in violation of Pennsylvania law, 18 Pa. Code § 3934(A). Pursuant to Pennsylvania’s indeterminate sentencing scheme, Gonzalez was sentenced to a minimum term of confinement of “time served 4/24/14–6/2/14” and a maximum of “23 mos.” J.A. 148. Notably, the sentencing court also granted Gonzalez “immediate parole” as a “specific condition[].” Id. 3 The day after sentencing, the DHS initiated removal proceedings against Gonzalez by serving him with a Notice of Intent to Issue a Final Administrative Removal Order (“NOI”), also known as a Form I-851. The NOI stated that Gonzalez was removable due to his conviction of an aggravated felony as defined under 8 U.S.C. § 1101(a)(43)(G) of the Immigration and Nationality Act (“INA”). The NOI included an attachment listing Gonzalez’s prior conviction for theft from a motor vehicle, in violation of Pa. Code § 18- 3934(A), for which he was sentenced to a term of imprisonment of 23 months, as the basis for his removal. The NOI also contained a section explaining ...
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