U.S. v. DIAZ-BONILLA

No. 94-8072.

65 F.3d 875 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben DIAZ-BONILLA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 14, 1995.


Attorney(s) appearing for the Case

Lisa Leschuck, Assistant United States Attorney, (David D. Freudenthal, United States Attorney, with her on the brief), Cheyenne, Wyoming, for plaintiff-appellee.

Laurence P. Van Court, Federal Public Defender (Michael R. O'Donnell, Assistant Federal Public Defender, with him on the brief), Cheyenne, Wyoming, for defendant-appellant.

Before MOORE and LOGAN, Circuit Judges, and COOK, District Judge.


H. DALE COOK, District Judge.

Defendant-appellant, an undocumented alien, was convicted of Unlawful Entry of a Previously Deported Alien, in violation of 8 U.S.C. § 1326. Section 2L1.2(b)(1) of the Sentencing Guidelines requires that aliens convicted of illegally re-entering the United States receive a four level enhancement from the base offense level if the defendant was previously deported after being convicted of a felony. The defendant-appellant had a prior...

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