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U.S. v. ORIHUELA

No. 02-12289.

320 F.3d 1302 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Ezequiel ORIHUELA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 10, 2003.

Attorney(s) appearing for the Case

John Charlton Shipley, Jr., Anne R. Schultz, Miami, FL, Rachel Silber, INS, Office of the Dist. Counsel, Miami, FL, for Plaintiff-appellant.

Timothy Cone, Fed. Pub. Defender's Office, Fort Lauderdale, FL, Kathleen M. Williams and Krista Ann Halla, Fed. Pub. Defenders, Fed. Pub. Defender's Office, Miami, FL, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, DUBINA, Circuit Judge, and HODGES, District Judge.

PER CURIAM:

The United States Sentencing Guidelines provide, in Section 2L1.2(b)(1)(A) and (B), that when an alien is deported after being convicted of a felony "drug trafficking offense," his later reentry in violation of 8 USC § 1326(a) becomes subject to a substantially enhanced penalty.

The question presented by this case is whether a telephone facilitation offense prohibited by 21 USC § 843(b)1 is a "drug trafficking...

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