U.S. v. LUNA-HERRERA

No. 97-50489.

149 F.3d 1054 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Javier LUNA-HERRERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1998.


Attorney(s) appearing for the Case

Roger W. Haines, Jr., Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Shannon A. McAuliffe, Federal Defenders of San Diego, Inc., San Diego, California, for defendant-appellant.

Before: FLETCHER, FERNANDEZ, and RYMER, Circuit Judges.


FLETCHER, Circuit Judge:

Appellant Javier Luna-Herrera (Luna) pled guilty to unlawful entry into the United States following deportation, 8 U.S.C. § 1326(a) and (b)(2). He appeals the 78 month sentence he received, contending that the district court impermissibly double-counted a prior aggravated felony when, in addition to using the felony as the basis for a sixteen point increase in Luna's base offense level, pursuant to U.S.S.G. § 2L1.2(b)(2), it added...

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