U.S. v. PALACIOS-CASQUETE

No. 94-2001.

55 F.3d 557 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Santiago PALACIOS-CASQUETE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 15, 1995.


Attorney(s) appearing for the Case

Mark Rosenblum, Asst. Federal Public Defender, Jacksonville, FL, for appellant.

Tamra Phipps, Asst. U.S. Atty., Peggy Morris Ronca, Tampa, FL, for appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and GOODWIN, Senior Circuit Judge.


GOODWIN, Senior Circuit Judge:

Jose Santiago Palacios-Casquete pled guilty to being a deported alien found unlawfully in the United States on December 11, 1992 in violation of 8 U.S.C. § 1326. He appeals his guideline sentence of 96 months.

The principal contentions on appeal are (1) that the sentencing court erred in treating 8 U.S.C. § 1326(b)(2) as a sentencing enhancement subsection rather than as the denunciation of a separate crime, and (2...

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