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U.S. v. SIMON

No. 97-5994 Non-Argument Calendar.

168 F.3d 1271 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Jean Claude SIMON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 4, 1999.

Attorney(s) appearing for the Case

Kathleen M. Williams, Fed. Pub. Defender, William L. Thomas, Asst. Fed. Pub. Defender, Miami, FL, for Defendant-Appellant.

Thomas E. Scott, U.S. Atty., Adalberto Jordan, Stephanie K. Pell, Kathleen M. Salyer, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.

BLACK, Circuit Judge:

Appellant Jean Claude Simon appeals his sentence for illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326(a). Appellant asserts that the district court erred in imposing a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A) (1997). He contends that the term "aggravated felony" as used in that section does not include his prior Florida felony conviction for possessing cocaine. We review the district...

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