U.S. v. LAZO-ORTIZ

No. 96-5424.

136 F.3d 1282 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Obdulio LAZO-ORTIZ, a.k.a. Obdulio Lazo, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 10, 1998.


Attorney(s) appearing for the Case

Kathleen M. Williams, Federal Public Defender, Mary R. Barzee, Asst. Fed. Pub. Defender, Miami, FL, for Defendant-Appellant.

William A. Keefer, U.S. Atty., Dawn Bowen and Adalberto Jordan, Assts. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON and BIRCH, Circuit Judges, and FAY, Senior Circuit Judge.


FAY, Senior Circuit Judge:

In this appeal, we are faced with an issue of first impression in this circuit: whether the sentence of an alien convicted of illegally reentering the United States may be enhanced under U.S.S.G. § 2L1.2(b)(2) due to the prior commission of an "aggravated felony," as defined in the guideline, where the date of the prior offense precedes the effective date of the statutory definition of "aggravated felony" found at 8 U.S.C. &...

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