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U.S. v. CUEVAS

No. 95-1730.

75 F.3d 778 (1996)

UNITED STATES of America, Appellee, v. Rafael Antonio CUEVAS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 7, 1996.

Attorney(s) appearing for the Case

Louis B. Abilheira, Warren, RI, for appellant.

Margaret E. Curran, Assistant United States Attorney, Providence, RI, with whom Sheldon Whitehouse, United States Attorney, and Edwin J. Gale, Assistant United States Attorney, were on brief, for the United States.

Before TORRUELLA, Chief Judge, ROSENN, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Before he was convicted for being illegally present in the United States in violation of 8 U.S.C. § 1326, Rafael Antonio Cuevas, a citizen of the Dominican Republic, had three separate encounters with the Rhode Island criminal justice system. The primary question in this sentencing appeal is whether the disposition of at least one of Cuevas' state offenses was a "conviction" for an "aggravated felony" under the prior offense enhancement...

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