U.S. v. ORTIZ-DELGADO

No. 05-15466 Non-Argument Calendar.

451 F.3d 752 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Pascual ORTIZ-DELGADO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 7, 2006.


Attorney(s) appearing for the Case

Kendal D. Silas and Stephanie Kearns (Fed. Pub. Defenders), Fed. Def. Program, Inc., Atlanta, GA, for Ortiz-Delgado.

Amy Levin Weil and Barbara E. Nelan, Atlanta, GA, for U.S.

Before ANDERSON, BIRCH and MARCUS, Circuit Judges.


MARCUS, Circuit Judge:

Pascual Ortiz-Delgado appeals his 60-month sentence which was imposed after he pled guilty to one count of unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, he argues that the district court erred at sentencing by applying a 16-level enhancement, pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on his prior deportation following convictions for felony crimes of violence, that is, attempted...

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