U.S. v. MARTINEZ-CANDEJAS

No. 02-4023.

347 F.3d 853 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel MARTINEZ-CANDEJAS, aka Manuel Martinez-Cendejas, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 21, 2003.


Attorney(s) appearing for the Case

Scott Keith Wilson, Assistant Federal Public Defender, (Steven B. Killpack, Federal Public Defender, with him on the brief), Office of the Federal Public Defender, Salt Lake City, UT, for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney, (Paul M. Warner, United States Attorney, with her on the brief), Office of the United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Before LUCERO, HARTZ, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

The questions presented in this case are whether a prior conviction for conspiracy to transport and harbor illegal aliens qualifies as "an alien smuggling offense committed for profit" for purposes of a 16-level sentencing enhancement provided for in United States Sentencing Guideline § 2L1.2(b)(1)(A)(vii) (2002), and if so, whether the sentencing court was permitted to consider the underlying facts of the defendant's prior conviction...

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