U.S. v. PHILLIPS

No. 04-13720 Non-Argument Calendar.

413 F.3d 1288 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Marlon Jason Horatio PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 22, 2005.


Attorney(s) appearing for the Case

Wilbur V. Chaney (Court-Appointed), Delray Beach, FL, for Phillips.

Laura Thomas Rivero, Anne R. Schultz, Asst. U.S. Atty., Dawn Bowen, Miami, FL, for U.S.

Before CARNES, MARCUS and KRAVITCH, Circuit Judges.


PER CURIAM:

Marlon Jason Phillips appeals his seventy-month sentence, imposed following his guilty plea for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. He raises three issues: (1) whether a prior conviction for the attempted sale of a controlled substance qualifies as a drug trafficking offense under U.S.S.G. § 2L1.2(b)(1)(A); (2) whether his term of parole terminated prematurely in light of his deportation; and (3) whether his sentence...

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