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U.S. v. KRAWCZAK

No. 02-13461.

331 F.3d 1302 (2003)

UNITED STATES of America, Respondent-Appellee, v. Leszek KRAWCZAK, Petitioner-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 2, 2003.

Attorney(s) appearing for the Case

Kathleen M. Williams, Fed. Pub. Def., Miami, FL, Lori Barrist, Fed. Pub. Def., West Palm Beach, FL, for Petitioner-Appellant.

Dawn Bowen, Anne R. Schultz, Jeanne Marie Mullenhoff, Miamk, FL, for Respondent-Appellee.

Before BIRCH, CARNES and HUG, Circuit Judges.

HUG, Circuit Judge:

Leszek Krawczak ("Krawczak") appeals a 16-level sentencing enhancement applied to his conviction for attempted reentry of a deported alien subsequent to a felony conviction. The district court enhanced his sentence pursuant to the United States Sentencing Guidelines because it determined Krawczak had a prior conviction for an alien smuggling offense committed for profit. The district court concluded the prior conviction was ambiguous as to whether...

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