U.S. v. ALVAREZ-GUTIERREZ

No. 04-10241.

394 F.3d 1241 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel ALVAREZ-GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2005.


Attorney(s) appearing for the Case

John D. Kaufmann, Tucson, AZ, for the defendant-appellant.

Bruce M. Ferg, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Before: REINHARDT, THOMPSON, and BERZON, Circuit Judges.


THOMPSON, Circuit Judge:

The defendant-appellant Daniel Alvarez-Gutierrez pleaded guilty to illegal entry after deportation in violation of 8 U.S.C. § 1326 (2003). In imposing sentence, the district court enhanced Alvarez-Gutierrez's base offense level by eight levels pursuant to U.S.S.G. § 2L1.2(b)(1)(C) (2003), which provides for such an increase when a defendant was previously deported after conviction of an "aggravated felony."

Alvarez-Gutierrez...

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