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U.S. v. MARTINEZ-GARCIA

No. 00-2396.

268 F.3d 460 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Marcos MARTINEZ-GARCIA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 2001.

Attorney(s) appearing for the Case

Bart Huff (argued), Office of the U.S. Atty., Crim. Div., Chicago, IL, for Plaintiff-Appellee.

Terence MacCarthy, Office of the Fed. Defender Program, Chicago, IL, Paul Flynn (argued), Fed. Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for Defendant-Appellant.

Before: FLAUM, Chief Judge, BAUER and COFFEY, Circuit Judges.

COFFEY, Circuit Judge.

On June 7, 1999, Marcos Martinez-Garcia (hereafter "Garcia") pled guilty to an indictment charging him with being present in the United States after having been deported, contrary to 8 U.S.C. § 1326. At sentencing, the district court determined that Garcia's deportation in 1992 was accomplished "subsequent to the commission of an aggravated felony," thus authorizing an enhanced prison term under the Immigration and Naturalization Act (INA...

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