U.S. v. PEREZ-OLALDE

No. 02-5109.

328 F.3d 222 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael PEREZ-OLALDE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 6, 2003.


Attorney(s) appearing for the Case

Mike Whalen (argued and briefed), Knoxville, TN, for Appellant.

F.M. Hamilton III (argued), Assistant United States Attorney, J. Edgar Schmutzer (briefed), Assistant United States Attorney, Knoxville, TN, for Appellee.

Before SILER, GILMAN and GIBBONS, Circuit Judges.


OPINION

SILER, Circuit Judge.

Defendant Rafael Perez-Olalde appeals his sentence of seventy months' imprisonment. He argues that he cannot be sentenced under 8 U.S.C. § 1326(b)(2) when the indictment charges a violation of only 8 U.S.C. § 1326(a). He further argues that his sentence cannot be enhanced based on a prior conviction that was not included in the "Notice of Sentence Enhancement." For the reasons stated below, we AFFIRM....

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