Yobani Medina-Hernandez 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?