Hilario Corona Botello v. United States

If an alien reenters the United States without permission after removal, he faces up to two years in prison and one year on supervised release. 8 U.S.C. § 1326(a). If, however, the alien’s removal followed a felony conviction, that fact raises the maximum punishment to ten years in prison and three years on supervised release. 8 U.S.C. § 1326(b)(1). Is the existence of a pre-removal felony conviction an element of an enhanced offense that must be alleged in the indictment and either proven to a jury beyond a reasonable doubt or admitted during a defendant’s guilty plea?