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U.S. v. PORNES-GARCIA

Docket No. 98-1335.

171 F.3d 142 (1999)

UNITED STATES of America, Appellee, v. Pedro PORNES-GARCIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 26, 1999.

Attorney(s) appearing for the Case

Abraham L. Clott, Legal Aid Society, New York, New York, for defendant-appellant.

Mark F. Mendelsohn, Asst. U.S. Atty., New York, N.Y. (Mary Jo White, U.S. Atty., Craig A. Stewart, Asst. U.S. Atty., New York, N.Y., on the brief), for appellee.

Before: NEWMAN, WALKER, and CALABRESI, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The narrow issue on this appeal is whether this Court's construction of the phrase "aggravated felony" in a deportation statute applies to the same phrase used in the Sentencing Guidelines for purposes of determining a sentencing enhancement for an immigration offense. In Aguirre v. INS, 79 F.3d 315 (2d Cir.1996), we ruled that "aggravated felony," as defined in the Immigration and Nationality...

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