Whether the five-year mandatory minimum penalty of 8 U.S.C. § 1324(a)(2), which applies to a defendant's third "violation" of subsection (a)(2)(B)(Gi)—a subsection which in turn requires the commission of "an offense done for the purpose of commercial advantage"—can be applied to first-time offenders.

Whether the five-year mandatory minimum penalty of 8 U.S.C. § 1324(a)(2) can be applied to first-time offenders