U.S. v. PORTELA

No. 05-6354.

469 F.3d 496 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Adalberto Lara PORTELA, also known as Daniel Rodriguez; also known as Sergio Maza-Sosa, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2006.


Attorney(s) appearing for the Case

ARGUED: Clifton L. Corker, Johnson City, Tennessee, for Appellant. Perry H. Piper, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee. ON BRIEF: Clifton L. Corker, Johnson City, Tennessee, for Appellant. Nancy Stallard Harr, Assistant United States Attorney, Greenville, Tennessee, for Appellee.

Before: MARTIN and COOK, Circuit Judges; BERTELSMAN, District Judge.


OPINION

COOK, Circuit Judge.

Adalberto Lara Portela challenges his 94-month sentence for possessing cocaine with the intent to distribute it in violation of 21 U.S.C. § 841(a)(1) and for violating 8 U.S.C. § 1326(a)(1), (a)(2), and (b)(2) related to the illegal reentry of removed aliens. Portela contends that the district court erroneously enhanced his sentence because his prior Tennessee conviction for vehicular assault was not a "crime of violence...

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