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U.S. v. OLVERA-CERVANTES

No. 91-30093.

960 F.2d 101 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Marco Antonio OLVERA-CERVANTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 24, 1992.

Attorney(s) appearing for the Case

Carol Koller, Asst. Federal Public Defender, Seattle, Wash., for defendant-appellant.

Lis Wiehl, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before WRIGHT, Circuit Judge, NORRIS and CYNTHIA HOLCOMB HALL, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Section 2L1.2 of the Sentencing Guidelines requires that aliens convicted of illegally reentering the United States receive a heavier sentence if they had been originally deported after being convicted of a felony. Under federal law, all offenses that carry a maximum penalty in excess of one year are felonies. In this case, we are asked to decide whether, in considering prior state convictions, section 2L1.2 defines a felony by reference...

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