U.S. v. ARIAS-GRANADOS

Nos. 90-50507, 90-50570.

941 F.2d 996 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. German ARIAS-GRANADOS, aka German Hernandez and Miguel Rosas-Arenos, aka Carlos Lopez-Ramirez, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted August 8, 1991.

Decided August 13, 1991.


Attorney(s) appearing for the Case

David J. Cohen and Martha M. Hall, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendants-appellants.

Cynthia A. Bashant and Michael G. Wheat, Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Before SCHROEDER and REINHARDT, Circuit Judges, and KING, District Judge.


SCHROEDER, Circuit Judge:

These two appeals raise identical challenges to the application in appellants' cases of section 2L1.2(b)(1) of the Federal Sentencing Guidelines, which requires a four-level increase in a defendant's base offense level if "the defendant previously was deported after sustaining a conviction for a felony." Because we find that the district court properly applied this section in sentencing appellants, and because such application did not violate...

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